PROPERTY LAW

CUT-OFF POINT

IF I exclude my daughter from my will, could she contest it with any success and be awarded money and property against my wishes? I am divorced and live alone; she is married with her own house and children. A claimant must be able to fall within a particular class to be eligible to make a claim on the estate. One such category has been a child of the deceased. They may be any age, but able bodied children capable of supporting themselves do not appear to have their applications favourably considered by the court though there have been some recent exceptions. Another category is one where the deceased maintained the claimant before death. Each claimant will need to show the will failed to make reasonable provision for them. Factors such as your relationship, her financial position and the size of your estate would be taken into account. If you were supporting her financially it is likely she could bring a successful claim. You should state in a letter to be kept with your will the reasons why you are not providing for her and this could deter a potential claim.

BLOCKING TACTICS

A neighbour is claiming he has the right to paint, point or even add coping stones to a plain, breeze block boundary wall I built over 20 years ago. The wall is on my land. If he were to paint it, or otherwise maintain it, could he claim to own it? YOUR neighbour has no right to do any of these things to your wall, or come on to your land if the wall is wholly on your land. If you object, you should write to your neighbour telling him so. If you don’t, you should write to him when he has finished thanking him for enhancing your wall! In practice, it would be unusual for someone to acquire ownership of the boundary wall without acquiring land on the other side of it.

THE BIGGER THEY ARE..

MY neighbour’s sycamore tree spreads over my garden. I have already cut some branches at my own expense and with my neighbour’s grudging approval. What is the legal position regarding the expense of further lopping? Who would be responsible for any damage if the tree was blown down in a gale? TECHNICALLY the tree branches invading your garden form a legal “nuisance” and your neighbour is responsible for removing them. If he fails to do so within a given time you can attempt to recover from him the cost of having the tree pruned, but it’s rarely worth the trouble it causes. If you think the tree is dangerous you should alert your neighbour; he will then be responsible for any damage if he takes no action. Alternatively you can ask the council to deal with a dangerous tree.

DRAWING THINGS OUT

MY father died a few years ago having set up a trust to look after my elderly mother. She died in January last year, but the solicitor appointed joint executor with my sister has still not wound up the estate. Some friends say they had to wait three years. Why do solicitors take so long? NO two estates are the same, and when there are such things as trusts, properties and businesses to sort out they can all add complications. Having said that there’s no doubt some solicitors are very slow, and your sister as co-executor has every right to quiz the solicitor if you think there is excessive delay. Your sister could become actively involved herself. Alternatively make use of the firm’s complaints procedure.

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