PROPERTY LAW
NEW WILL REQUIRED
MY husband died earlier this year. I was appointed sole executor and have been granted probate. The mortgage has been repaid, and I have sent the death certificate to the Land Registry and asked them to register the property in my sole name. Is there anything more I need to do? I take it that the property was held by you and your husband as joint tenants as opposed to tenants in common. If that’s the case the property will revert to you on production of the death certificate and nothing further needs to be done with the deeds. However if the property is held as tenants in common the probate grant will enable you, as executor, to administer the property in accordance with the terms of the will. Complications can arise (for example) where a business is involved, there is inheritance tax to pay or there’s a possibility of a claim being made against the estate. The probate registry supplies a useful check-list. You would be wise to review your own will now that there has been a change in your own circumstances.
BUYING A FREEHOLD
COULD you give me some advice on the most efficient way to purchase the freehold of my house? You will need to contact the freeholder to see if they are willing to sell the freehold to you and for what price. I would recommend that you contact a solicitor to deal with the legal work once the price has been agreed. To qualify you must be a leaseholder at the time of the application and held the lease for the last two years. The price is subject to negotiation and you may need to obtain the services of a qualified surveyor. If the price cannot be agreed or the landlord refuses to negotiate then you may need to refer the matter to the Leasehold Valuation Tribunal. The procedure is complicated and costly; however a solicitor would be able to assist.
GRANNY FLAT
A FEW years ago I built an extension to my garage to form a granny flat at the bottom of my garden. Although all utilities are on one bill the local council have registered the flat as a separate address and levy council tax on it, even though the only way of reaching it is through my garden. The council can charge council tax on any ‘selfcontained unit,’ which is described by the Valuation Office as ‘a building, or part of a building, which has been constructed or adapted for use as separate living accommodation.’ The annexe will be given its own council tax band, but thanks to a recent change in the law, from April 1, 2014, subject to satisfaction of certain conditions, a relative who is over the age of 65 or is disabled living in the annexe is entitled to a 50 per cent discount. You’re entitled to your money back if you’ve overpaid in the last three years.
MOTHER’S MORTGAGE
MY mother had the opportunity of buying her council house at a reasonable price, but because of her financial situation my husband pays the mortgage. If at any time my mother had to be taken into care will my husband have any claim on the house, or would it have to be sold to pay the fees? The solution will probably be for your mother to make a declaration of trust stating that you and your husband are entitled to a share of the proceeds of sale, if and when the property is sold, to reflect your contributions in meeting the mortgage payments. Alternatively you could arrange a private mortgage. See a solicitor to discuss the various options. Your situation is not uncommon, but without safeguards there are risks for both parties. »»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