PROPERTY LAW

‘LOCKED IN A TRUST

MY father left his money to me and my four brothers and sisters. But I was seriously ill at the time, and they altered the will so that I now only receive the interest on the money and cannot touch the capital. My brothers and sisters are no longer alive. Do I have a right to this money? Your brothers and sisters won’t have been able to alter your father’s will without going to court. It sounds more likely that your father set up a trust in his will to look after your money for you. You need to find a copy of the will and get advice from a solicitor about the terms of the trust and who has the right to appoint new trustees. You should be able to obtain a copy of the will from the Probate Registry.

TIL DEATH US DO PART

I WAS divorced many years ago, and my ex-husband pays me maintenance of £60 a week. The court order states that I am to receive the money until I die or remarry, or until a further order is made. Although I’m not in another relationship, my ex-husband says that he could stop my payments if I were to move in with someone else. Is this true? Your ex-husband could apply to the court to reduce or stop your maintenance if you live with another man on a permanent basis depending on the terms contained within the order. The court will then consider your current financial circumstances, together with your cohabitee’s financial circumstances and those of your ex-husband. Your ex-husband wouldn’t necessarily be successful in attempting to cut you off; and if you have been receiving £60 a week for a number of years now you may be able to obtain a cost of living increase.

NO CONTRACT

I PUT in an offer to buy a house and was told by the vendor that I would be given first refusal. Although I suggested she should take advice, she later confirmed our agreement and the price in a further telephone call, so I forwarded the agreed deposit and signed the contract document. However she later reneged on the agreement and sold the house to someone else. Do I have a case against the vendor for compensation? Unless the seller either signed the same contract as you or signed an identical contract and exchanged that contract with you, it is unenforceable. A contract to buy land (including houses etc) is different from a contract to buy or sell almost anything else in that it must be in writing and must be signed by both the seller and the buyer, pursuant to s2 of the Law of Property (Miscellaneous Provisions Act) 1989. You are entitled to your deposit back, of course, but you would not be entitled to compensation.

FALLING DAMP

THE guttering on next door’s house has rotted, with the result that rainwater runs down the outside wall where the properties join and damp is coming through into my daughter’s bedroom. The house next door is rented and the landlord has promised to have the necessary work done many times, but I am still waiting. You should contact the local authority and request that they inspect the premises as soon as possible. The council have powers to compel the neighbour to conduct repair works. You should also contact your own home insurance provider to report the damage and to request that they deal with the matter on your behalf. »»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