PROPERTY LAW

SCRAP OF COMFORT

MY sister is 57 and has been living with a man for 13 years. He hasn’t made a will and the house is still in his name and that of his ex-wife. He says he’ll sort things out “when he’s ready”. What can she do? YOUR sister would have a right to make a claim against the estate of her partner if he were to die without making a will. However this could be expensive. At the very least your sister’s partner should “sever” the joint ownership, so that if he was to die his interest in the property would go into his estate: otherwise it would probably go to his ex-wife as the surviving joint owner. So it’s very important that your sister prompts her partner into action.

CODICIL CAUTION

CAN you tell me how to go about altering my will without the expense of seeing a solicitor? I already have a will drawn up and I only want to change one item. IT is possible to do this without seeing a solicitor but I’d advise against it. You can add a codicil making the change – a separate document kept with the will or an amendment written at the bottom of your existing will. But if that one item is disinheriting or reducing beneficiaries shares/entitlement or similarly making a significant change if you make a mistake you this will cause all sorts of complications. At least ask your solicitor how much he or she is likely to charge for the job before attempting to do it yourself.

SPECIAL TREES

AT my request the council placed a tree preservation order on some mature beech and horse chestnut trees in my garden four years ago. If they were blown on to buildings across the boundary by freak storms, would I be liable for any damage caused? YOU should carry out regular checks on the trees and ensure that any dead or dangerous growth is removed. Provided you have done this you would not be liable for damage caused by a freak storm. That would be damage you could not have foreseen, and over which you had no control: it would be an “Act of God.” If on the other hand your neighbours warned you the trees were in poor condition and you did nothing you could be liable. Beware of doing anything major to your protected trees without first consulting the council.

HIGHER BAND

SHORTLY after I moved in my Council Tax Band was reviewed and my property was put in a higher band. I appealed, but the Valuation Officer won, having compared my house to another nearby. He claimed it was smaller than mine, but I don’t agree and feel I should have been told about the possibility of a revaluation. My house was extended before the previous owner moved in. Is there anyone else I can appeal to? I’M afraid the Valuation Tribunal’s decision is final. It might have been worth engaging a surveyor to put your case by comparing your property with others in the area. It sounds as though the previous owner got away with it. If it was clear when you inspected the house when you bought it that the extension was new, you should have mentioned it to your surveyor when buying the property, and he may have advised you to make the appropriate representations over the Council Tax banding. »»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