Stockport Express - - Home Advice - with Paul West­well Brom­leys So­lic­i­tors LLP


MY mother and my aunt are about to ob­tain let­ters of ad­min­is­tra­tion for the es­tate of my cousin, who died re­cently. How­ever my un­cle had a last­ing power of at­tor­ney. Will my mother suc­ceed if she ap­plies for an in­junc­tion to pre­vent him tak­ing any part in the ad­min­is­tra­tion? SINCE your mother and aunt are ap­ply­ing for let­ters of ad­min­is­tra­tion (as op­posed to a grant of pro­bate) I take it the niece didn’t leave a will. In that case the clos­est fam­ily mem­ber to the de­ceased will be given author­ity to ad­min­is­ter the es­tate. Your un­cle no longer has author­ity to deal with his niece’s af­fairs, since power of at­tor­ney ceases on death. Where two peo­ple have an equal claim it’s usu­ally just a ques­tion of who gets in first. If the three can’t get on it might be bet­ter for them to ap­point a so­lic­i­tor to deal with the es­tate.


I LIVE on an un­adopted road. We used to get a re­duc­tion in our rates be­cause of the lack of fa­cil­i­ties, but un­der the coun­cil tax sys­tem I am charged the same as oth­ers who get their roads re­paired and cleaned. Am I legally bound to pay for ser­vices I don’t re­ceive? THE fact that the road is in a poor state of re­pair will no doubt have a bear­ing on the value of your prop­erty, which is what the coun­cil tax band­ing sys­tem is based on. So in prac­tice you will prob­a­bly be pay­ing less coun­cil tax than if the road was adopted. If you feel your house has been placed in the same coun­cil tax band as prop­er­ties worth more than your own you should con­tact the lo­cal val­u­a­tion of­fice to see if they will put you in a lower band.


THE ten­ants in the house next door have put a win­dow in the side of their bun­ga­low which forms the bound­ary with our prop­erty, with the re­sult that they can see right into our kitchen and bath­room. The pre­vi­ous ten­ant signed an agree­ment pre­vent­ing him from do­ing this, but we have con­tacted the land­lord and he doesn’t want to know. THERE’S prob­a­bly a clause in your neigh­bours’ lease re­quir­ing them to ob­tain the land­lord’s con­sent be­fore car­ry­ing out any build­ing work. But you can’t make the land­lord en­force the terms of the lease. Un­less the in­stal­la­tion of the win­dow con­tra­venes plan­ning laws or build­ing reg­u­la­tions or a covenant in the ti­tle deeds to the house, you may have to in­vest in some net cur­tains. You have no au­to­matic right to pri­vacy. If you have any fur­ther con­cerns ask a so­lic­i­tor to check out the terms of the lease.


MY hus­band has left me and frozen our joint ac­count, so no di­rect deb­its or mort­gage pay­ments are be­ing made. I’m dis­abled, 11 years older than my hus­band, and we have a 16-yearold daugh­ter. Do I have to sell our house in or­der to give my hus­band half the eq­uity? I don’t want to move if pos­si­ble be­cause the house has been spe­cially adapted for me. THE di­vorce court can di­vide up the fam­ily as­sets and prop­erty as it thinks fit. In your case it will take into ac­count your need to keep the house, the fact that your daugh­ter is liv­ing with you, your age and your earn­ing ca­pac­ity. De­pend­ing on how much eq­uity is in the prop­erty and what other as­sets there are the court may de­cide to let you keep the house. See a so­lic­i­tor im­me­di­ately.

»»Call Brom­leys So­lic­i­tors LLP on 0161 330 6821 or visit www. brom­ »»If you have any le­gal ques­tions, write to Prop­erty Law, MEN Me­dia, Mitchell Henry House, Hollinwood Av­enue, Chad­der­ton OL9 8EF, or email

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