Your Legal questions answered by Fahmida Ismail.
Published in the Birmingham Post, 16th December 2010
Q. I run a small business with my cousin. We’ve been through a rough patch lately and owe about £10,000. I have suggested we both get full time jobs, but she is still collecting wages from our bank account and is making no attempt to clear our debts. What can I do in this situation?
A. Unless you have a formal written partnership agreement you are left relying on general legal rules which can lead to unsatisfactory outcomes for both of you. If the business has debts you have to use your own personal money to pay them off if there is not enough money in the business to do so. In extreme cases this could lead to personal bankruptcy. You should urgently consult a solicitor experienced in partnership law and insolvency, and in the meantime contact the bank to see if you are able to freeze the account.
Contact us today for assistnce.
Q. The company that has taken over the will-writing firm I used some years ago says some of the wills drafted by the previous firm are incorrect and could fail. How do you find the right solicitor at a favourable price who will be around for some time?
A. It’s not expensive to draw up a will and most solicitors will be able to help. But where you go depends to some extent on what you need. If your affairs are complicated, or you own a business or have a lot of money or property, you should see a specialist in tax planning. This is likely to be slightly more expensive because the tax laws are complicated and you will need more advice. A postal service is unlikely to be satisfactory unless you have very little to leave.
Sydney Mitchell has a team of experienced Will writers and Trusts and Probate specialists. Contact us for more information.
Q. I paid £500 to have a dropped kerb put in so I could park my car in my driveway. But I live on a corner plot, and my neighbour keeps parking in a position so that I can’t get my car out. She says she’s entitled to park outside her house (she doesn't have a driveway), but she’s blocking me in!
A. You have a right of access to the road. Your neighbour’s interference of that right is obstructing the enjoyment of your property. You could ask the police to have a word with her. If this is not successful you could consider applying to the court for an injunction to prevent her from blocking you in. But you may not be successful if space is limited and you have aggravated the situation with your driveway. Try to persuade her to get her own driveway.
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