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You and the law; KELLY HYNES Expert advice on your.

Q How can you find out if you're the beneficiary of a will if the will is in the hands of the solicitor who drew it up and the executor (who is not the solicitor) won't apply for probate? A Unless the executor applies for probate he or she will not be able to take financial control of the deceased's estate.

Once probate has been granted a copy of the will is open to public inspection, as you may be aware.

However, as you may also be aware, probate may not be necessary where property is held in joint names and sums of PS5,000 (sometimes as much as PS15,000) are involved.

So where comparatively small amounts are involved, beneficiaries may never learn whether or not they've been left anything.

Q I have lived in this house for 22 years, and bought it from the council seven years ago.

I have now found out that half next door's driveway, which is fenced off, is in fact my property according to the deeds.

This has come up because I was going to sell my house and questions arose about the shape of the garden.

A Whether or not you can reclaim your half of the driveway is likely to hinge on the ownership of next door's property. Is it still owned by the council? If so, you may well be able to reclaim the land, since your neighbour will not have acquired it through occupying it over a number of years.

If your neighbour has bought it from the council it will be important to determine the exact date, since the law on adverse possession changed 12 years ago.

Legal advice on this subject could be quite expensive.

Q I have received a final charging order which states that while I am making payments the creditor cannot force the sale of my house. I have a young son: would I be able to appeal against the order? I'm paying instalments of PS50 a month.

A You may have been able to bring arguments to bear that would have persuaded the judge not to make a final charging order.

It's very important to take advice and attend such hearings.

Now that the order is in place it is essential that you keep up payments. If you miss an instalment the creditor could go back to court for permission to sell your home.

While it is rare for the court to allow a creditor to do this you would obviously prefer not to be in that situation.

Question for the column? Email mail@lawQs.co.uk. Your legal questions answered by Kelly Hynes of Gamlins Solicitors LLP. Telephone 01248 672414, www.gamlins.com

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Publication:Daily Post (Conwy, Wales)
Date:Jul 7, 2016
Words:451
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