SUNSHINE AND SHADOW

prevent public access. As an aside, you can serve notice on the council to adopt the highway provided that it is made up to an adoptable standard.

HALF A JOB

●● Q. My neighbour employed builders to repair his foundations after they detected subsidence. The work took six weeks and the constant banging has caused cracks to appear on two of my walls. The builder offered to patch up and re-paint one wall only, but we’re going to have to redecorate the whole room.

A. The damage to your house is the result of work contracted by your neighbour, or more likely his insurers. It’s unlikely to be the builder’s responsibility. If you can get the builder to make good the damage so much the better, but assuming that the underpinning was done on your neighbour’s insurance, you should ask your neighbour to contact his insurers to pay for redecorating your room.

You are entitled to be restored to the position you would have been in had the damage not occurred, and not use the opportunity to better your position. So you may need to contribute to the cost of redecorating the remainder of the room. ●● Q. When my mother died recently I discovered my parents had made wills leaving most of their money to me and my daughters when the survivor dies. But I think my sons, who’ve been more caring, should receive an equal amount. Can I contest the will when my father dies?

A. Under the circumstances you’ve outlined you’ll probably find it difficult to contest your father’s will. The purpose of a will is to ensure that personal wishes are carried out on the death of whoever made it, even if you feel it’s not fair. It’s your parents’ wishes that count. You should perhaps express your views to your father and let him decide whether he wishes to amend his will.

Alternatively, you and your daughters could agree to redistribute the estate to achieve fairness.

If all the beneficiaries are in agreement and are over the age of 18 you can re-write the terms of the will within two years of your father’s death.

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