Macclesfield Express - - HOMES - UN­FAIR SHARES

pre­vent public ac­cess. As an aside, you can serve no­tice on the coun­cil to adopt the high­way pro­vided that it is made up to an adopt­able stan­dard.


●● Q. My neigh­bour em­ployed builders to re­pair his foun­da­tions af­ter they de­tected sub­si­dence. The work took six weeks and the con­stant bang­ing has caused cracks to ap­pear on two of my walls. The builder of­fered to patch up and re-paint one wall only, but we’re go­ing to have to re­dec­o­rate the whole room.

A. The dam­age to your house is the re­sult of work con­tracted by your neigh­bour, or more likely his in­sur­ers. It’s un­likely to be the builder’s re­spon­si­bil­ity. If you can get the builder to make good the dam­age so much the bet­ter, but as­sum­ing that the un­der­pin­ning was done on your neigh­bour’s in­sur­ance, you should ask your neigh­bour to con­tact his in­sur­ers to pay for re­dec­o­rat­ing your room.

You are en­ti­tled to be re­stored to the po­si­tion you would have been in had the dam­age not oc­curred, and not use the op­por­tu­nity to bet­ter your po­si­tion. So you may need to con­trib­ute to the cost of re­dec­o­rat­ing the re­main­der of the room. ●● Q. When my mother died re­cently I dis­cov­ered my par­ents had made wills leav­ing most of their money to me and my daugh­ters when the sur­vivor dies. But I think my sons, who’ve been more car­ing, should re­ceive an equal amount. Can I con­test the will when my fa­ther dies?

A. Un­der the cir­cum­stances you’ve out­lined you’ll prob­a­bly find it dif­fi­cult to con­test your fa­ther’s will. The pur­pose of a will is to en­sure that per­sonal wishes are car­ried out on the death of who­ever made it, even if you feel it’s not fair. It’s your par­ents’ wishes that count. You should per­haps ex­press your views to your fa­ther and let him de­cide whether he wishes to amend his will.

Al­ter­na­tively, you and your daugh­ters could agree to re­dis­tribute the es­tate to achieve fair­ness.

If all the ben­e­fi­cia­ries are in agree­ment and are over the age of 18 you can re-write the terms of the will within two years of your fa­ther’s death.

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