PROPERTY LAW

STEP-SON’S DUTIES

MY father died twenty years ago and contact with my stepmother gradually petered out. I recently learned from a relative that she has been in a nursing home for some years. Since she is in her 90s I wondered whether I would have any responsibilities should she pass away. I have no idea as to her means, but I imagine that whatever capital she may have received from my father will have been swallowed up long ago. UNLESS your stepmother has named you executor of her will, which seems unlikely, you will probably have no legal responsibilities on her death. If she has no money the local authority will be paying for her upkeep in the home and will not look to you or her blood relations to recoup the fees unless she gave her capital to you recently.

UPDATE REQUIRED?

I MADE a will through a solicitor 12 years ago leaving everything to my son, naming him as sole executor. I have since bought a house, which I also want him to inherit: will I have to alter my will to include this? I wouldn’t have thought so. Most wills are drafted to take account of changing circumstances, and especially in your situation where there is only one beneficiary it’s likely that you will have given your son your ‘Residuary Estate’ – which means everything that hasn’t been specifically mentioned in your will, including your house. However solicitors recommend that wills are reviewed every three years, even if circumstances haven’t changed in that time. I suggest you check yours and get clarification from a solicitor if necessary.

DOWNRIGHT DIFFICULT

I WANT to install a downpipe from my roof in an alley where we have rights of access; my neighbour has asked me not to do this, claiming it will present a hazard when he drives his car through. IF you only have a right of access down the alley, the rainwater pipe you are proposing will project on to your neighbour’s property even if it’s fastened to your house. This will constitute what’s known legally as a trespass, and your neighbour will be able to remove the pipe or get a court order to have it removed. This is quite apart from the issue of whether you are entitled to discharge rainwater on to your neighbour’s property; if this isn’t sanctioned in your title deeds your neighbour will have every right to object.

A STICKY END

WE had our drive, back yard and the path to our garage resurfaced with tarmac in September last year, but it’s all coming away and sticking to our shoes. We don’t have the firm’s address – only a name and ‘phone number. The one time we got through on the number the man promised to come round but never did. Is there anything we can do? IT’S very dangerous to buy anything where you don’t have the name and address of the seller: you can’t take them to court for compensation. Your best option is to take your case to the council’s trading standards officers, who are keen to track down fly-by-night operators of this type. »»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