PROP­ERTY LAW

Macclesfield Express - - SPORT -

If you con­tinue to live in the house it would be re­garded as a ‘gift with reser­va­tion’ and may be sub­ject to in­her­i­tance tax even though your daugh­ter’s name is on the deeds. In ad­di­tion, she could be­come li­able to pay cap­i­tal gains tax when she came to sell your prop­erty, whereas as things stand there may have been lit­tle or no cap­i­tal gains tax to pay. As re­gards care home fees, the lo­cal au­thor­ity could refuse to pay them if it could prove you gave away your as­sets to avoid them. So it prob­a­bly won’t be a good idea to give your daugh­ter the house at this stage, al­though there may be other things you can do to min­imise tax on your es­tate. Dis­cuss your plans in de­tail with a so­lic­i­tor spe­cial­is­ing in this area. I HAD an off-the-peg con­ser­va­tory in­stalled by builders and was given an in­sur­ance-backed guar­an­tee. I dis­cov­ered the builder had gone bust when prob­lems be­gan to ap­pear so I con­tacted the war­ranty com­pany. Now they say the de­sign and ma­te­ri­als were to blame and point out a clause in the guar­an­tee mak­ing the cus­tomer re­spon­si­ble for en­sur­ing that tech­ni­cal spec­i­fi­ca­tions are ad­hered to. Is this rea­son­able? The terms of the guar­an­tee must be ‘fair’. The ex­act word­ing will have to be looked at, but it sounds as though you should bring in a sur­veyor to see if what the in­sur­ers are say­ing is true. If the de­sign and ma­te­ri­als were to blame you may have a bet­ter claim against the con­ser­va­tory man­u­fac­turer. I sug­gest you see a so­lic­i­tor who can write to the in­sur­ance com­pany and ad­vise you fur­ther af­ter see­ing the con­tract. MY wife left me last year af­ter 46 years of mar­riage. She is now liv­ing in a flat our daugh­ters have bought for her. What is she en­ti­tled to when any­thing hap­pens to me? Do I have to leave her any­thing in my will, or is she en­ti­tled to half of what I have? If you die while you are still mar­ried with­out mak­ing a will, your wife will au­to­mat­i­cally be en­ti­tled to the first £250,000 of your as­sets and half of any­thing above that sum. Even if you make a will leav­ing ev­ery­thing to some­one else your wife may well be able to make a claim on your es­tate un­der the fam­ily pro­vi­sion leg­is­la­tion so you may want to con­sider leav­ing some­thing to her and you should get some le­gal ad­vice on your po­si­tion. Af­ter 46 years of mar­riage she may of course be en­ti­tled to a share of your prop­erty if you were to di­vorce.

WHAT A DAMPENER

BUILD­ING work next door has caused damp to come through into my kitchen and liv­ing room. I have asked the neigh­bour both ver­bally and in writ­ing to make good the dam­age but he has made no ef­fort to com­ply. Con­tact your build­ings in­sur­ance provider and make them aware of the dam­age to your prop- erty. You may also have le­gal ex­penses in­sur­ance in­cluded on one of your poli­cies, which may cover the costs of any dispute. If you don’t have in­sur­ance, you should in­struct a so­lic­i­tor to write a for­mal let­ter to your neigh­bour. If that doesn’t prompt your neigh­bour into ac­tion, you may have to take them to court.

Call SAS Daniels LLP Solic­i­tors on 0161 475 7676 or 01625 442 100. Visit www.sas­daniels. co.uk If you have any le­gal ques­tions, write to Weekly Law and You, MEN Me­dia, Mitchell Henry House, Hollinwood Av­enue, Chad­der­ton OL9 8EF, or email mail@lawQs.co.uk

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