An­gela Brown

Macclesfield Express - - SPORT - LATER WILL

Daniels LLP Solic­i­tors I WAS led to be­lieve that my mother had up­dated her will be­fore she died, re­duc­ing the amount she left to my brother, the ex­ecu­tor. How­ever no new will has been pro­duced. Would I get a re­ply from the so­lic­i­tor who sent the orig­i­nal will to pro­bate if I asked them if a new will had in fact been made? YOU could ask, but the an­swer most cer­tainly would be that the will sent to pro­bate is the lat­est ver­sion known to the so­lic­i­tor. You may want to alert them in case they were not aware of a later will al­though it would be a se­ri­ous breach of a so­lic­i­tor’s duty to ig­nore a later ver­sion of a will, whether or not they are act­ing as ex­ecu­tor. How­ever, it’s not un­com­mon for peo­ple to say they are go­ing to change their will and either not get round to do­ing it or never have any in­ten­tion of do­ing so.


LAST year I tried to pay my ground rent, but my cheque was re­turned. I have put the money aside but the rent is due again this month. Can any court ac­tion be taken against me in th­ese cir­cum­stances? NO. Th­ese days you don’t owe any ground rent un­less you’ve re­ceived a de­mand for it and at worst the land­lord can only de­mand up to six years ground rent ar­rears if the ground rent has not been paid for a long pe­riod. This must con­sist of a for­mal no­tice giv­ing you at least 30 days to pay. If you haven’t had one of th­ese you’re in the clear. All over the coun­try ground rents are not be­ing col­lected be­cause it’s no longer cost- ef­fec­tive to do so. How­ever it’s im­por­tant that you con­tinue to ob­serve the terms of your lease, which may for ex­am­ple bar you from mak­ing changes to your prop­erty with­out first ob­tain­ing the landowner’s per­mis­sion. MY wife and her brother, who is dis­abled, in­her­ited their par­ents’ house when they died. The prop­erty, worth £190,000, was put into joint names. Now the wel­fare ben­e­fits team are de­mand­ing the re­turn of pay­ments made to my wife’s brother since then, even though he has noth­ing in his bank ac­count. AS you are prob­a­bly aware, you are not en­ti­tled to claim most ben­e­fits if you have cap­i­tal or as­sets worth more than £16,000. Your wife and her brother can either let the prop­erty to pro­duce in­come with which to re­place his ben­e­fits, or sell it to re­alise cash for him to live on. The ben­e­fits team will prob­a­bly be pre­pared to wait for their money if your brother-in-law ex­plains the sit­u­a­tion to them.


I BOUGHT a kitchen from a large DIY re­tailer. When it ar­rived the work­tops were miss­ing, but the firm said I’d get them in a mat­ter of days so I ripped out my old kitchen and in­stalled the new units. A week later the firm fi­nally ad­mit­ted the work­tops were out of stock and they couldn’t give me a de­liv­ery date. As you can imag­ine, my house is in a ter­ri­ble state. YOU’RE prob­a­bly en­ti­tled to send the whole kitchen back, al­though if you’ve gone to the trou­ble of in­stalling it I doubt you would want to do that. How­ever your le­gal rights un­der the Sale of Goods Act should give you con­sid­er­able lever­age when ne­go­ti­at­ing with the man­ager of the store. Sug­gest that you want the new work­tops free when they fi­nally ar­rive. But be pre­pared to com­pro­mise if you want things sorted out quickly.

Call SAS Daniels LLP Solic­i­tors on 0161 475 7676 or 01625 442 100. Visit­daniels. Write to Weekly Law and You, MEN Me­dia, Mitchell Henry House, Hollinwood Av­enue, Chad­der­ton OL9 8EF, or email legalline@bt­con­nect. com.

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