You and the law; Expert advice on your legal problems.
Byline: PHILLIP WATTERS
Q I have a bachelor uncle in his late 70s. I keep in touch but I cannot discuss personal issues such as, for example, whether he has made a will. As far as I know I am the only remaining member of his family and wonder how I will go about dealing with his property and aairs when something happens to him.
A When your uncle dies you will have to search his house to see if you can locate a will. If there is a will and you are the executor it will be your responsibility to arrange the funeral. If there is no will then, as next of kin, it will be your job to arrange his funeral in any case, and it will be necessary for you, possibly with the help of a solicitor, to obtain authorisation from the Probate Registry to wind up your uncle's estate.
Qe business next door is extending along the party wall, and is proposing to put up scaolding in our yard. Are they allowed to do this? A Works to party walls are now governed by complicated provisions in the Party Walls Act 1996 which include a procedure for resolving disputes.
e precise rights and duties of you and your neighbour will depend upon exactly what is proposed. You should immediately take legal advice from a specialist solicitor or surveyor. I would expect your neighbour to be entitled to erect his sca!olding but only after serving you with a proper notice under the Act, taking account of any objections you may raise and compensating you for any nancial loss.
Q I have worked at a garden centre for nearly 12 years, with days oon Tuesdays and Saturdays. Last Christmas the stawere really upset to be told that their days owere to be taken as Christmas Day and Boxing Day, since otherwise some of them would have got an extra two days' holiday. Our boss says it will be the same this year. Can this be right? A You will have to look in your employment contracts for the answer, or failing that it will depend on custom and practice. If you have always had an extra two days' paid holiday over Christmas and your employer has changed this you could take the matter to an employment tribunal. But otherwise, unless your contract gives you extra paid holiday at Christmas, then any additional days you take o! will have to come out of your annual holiday allowance.
| Email your questions to postlaw@|btconnect.com or leave your query on the adviceline 0117 9644794. Your questions answered by Phillip Watters, partner at QualitySolicitors J W Hughes & Co, 27 Augusta Street, Llandudno. Telephone: 01492 874774, www.qualitysolicitors.com/jwhughes