GHP Insights

News, Q&As and Press Releases From Our Team

Q&A - How do I stop ex-husband doing me out of a fair share of the business sale?

Q:    When my husband and I got divorced I remained a director and shareholder of the family business, though I have never played an active role in the day to day running. Whilst the covid situation badly affected the business it managed to stay afloat. However, my now ex-husband has informed me that the business needs restructuring for the long-term, and as he feels he is too old to do it he has decided to sell out to his stepson. He says as a minority shareholder I have no say in the matter. I asked for proof that the business has been properly valued but he has ignored me. I fear some underhand negotiations that could be doing me out of my fair share of the sale proceeds. Can I do anything?

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Q&A - Can I claim against developer for nuisance and devaluing my property?

Q:    I have owned my village home for over 35 years. The house is detached, with a driveway and garage to one side. On the other side of the house is a metre wide footpath and then the hedge to a larger detached house with extensive grounds behind. Last year a developer bought the house next door and applied for planning permission to demolish it to make an access road to 24 houses he is going to build on the land behind. Despite my objections he has got his planning permission. I have spoken to three estate agents who all say it will devalue my house. Can I claim compensation from the developer for devaluation of my property and also nuisance of construction noise and eventual residents’ vehicles passing within 2 metres of my front door?

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Q&A - Can you claim compensation from a vet?

Q:    Our Labrador was violently sick on a weekend and we took him to an emergency clinic, as per the recorded message on our vet’s out of hours phone. He was prescribed medication, and we took him home. He continued being ill in the night and wouldn’t drink, so we took him back next morning. They took a blood sample and put him on a drip. They later called and said he was vomiting blood, so they needed to operate and open his stomach. We consented but the operation showed nothing wrong. Meanwhile friends told us of a nationwide bug affecting dogs, something the vet never mentioned. Our dog recovered quickly but we ended up with a bill for over £4,000 for treatment and an unnecessary operation. Could we make a claim against the vet?

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Q&A - How do we apply for Probate if there is no Will?

Q:    My 32-year-old brother was involved in a bad motor accident and sadly died. Like the rest of us, at that age you don’t think about making a Will. He had a good job and owned property so it seems we will have to apply for probate.  He had a girlfriend who lived with him in his house. Please can you advise us what to do?

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Q&A - Can I retain a financial interest in land I am selling in case it is ever developed?

Q:    I have been approached to sell someone a piece of land I own that is currently classed as green belt. They say they want it to graze ponies, but as there are several small building projects currently starting in the area, on what also was previously green belt, I am suspicious. If I sell the land, could I somehow claw back more money if planning permission for development is granted in the future?

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Q&A - Who can deal with estate if sole executor and beneficiary dies?

Q.     We lost my aunt to covid at Christmas. She left a homemade will appointing my mother as her sole executor and beneficiary. Due to her ill health, I assisted my mother in administering the estate. Unfortunately, before she could benefit from the estate, my mother also passed away. My aunt owned a property which must now be sold, but who can deal with my aunt’s estate now that my mother has passed away?

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Q&A - What to do when beneficiary threatens claim against executor for misappropriation of funds

Q:    My brother and I are beneficiaries of our father’s Will, though I am sole executor. For three years before our father died, I also had sole power of attorney over our father’s affairs as my brother lives abroad. After taking over the handling of our father’s finances I had to pay out considerable sums for essential repairs on his house, which had been badly neglected. I considered this essential, to increase the property’s value should funds be needed to pay for his care. As it turned out, I moved in to look after him.

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Q&A - Should I apply for an Attachment of Earnings Order for owed maintenance?

Q:    I went through a particularly acrimonious divorce four years ago and my ex-husband was very bitter about having to pay maintenance. Then in Summer 2020 he lost his job and stopped paying. I threatened to take him back to court as I knew he had a good payout. He then said he would start paying again and settle any back payments when he got another job. I agreed to give him some time and he got another job in May this year – a very good job. I hoped he would reinstate the payments and pay the back payments, but he hasn’t done so. I have heard he is planning to move away. Should I apply for an attachment of earnings order for what he owes?

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Q&A - Selling our home and mum’s, to buy one house. How best to do it?

Q:    My dad died of COVID last year and mum became so lonely that we have decided she should come and live with us. We plan to sell her house and ours and buy a bigger house so that we can all have our own space. If we keep our mortgage as it is now, then mum can put the extra out of her sale proceeds. In which case, should her name be on the deeds? Or would it be better for us to increase our mortgage and charge mum rent to make up the difference in our monthly repayments?

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Q&A - If I sign a 5-year lease for my new business venture, can I get out of it?

Q:    During COVID lockdown I could not work as a mobile beauty therapist. As I did not qualify for government funding, I started making cakes and selling them through my Facebook page. Things went well and I expanded into take-away pastries, light meals, and a local delivery service. Now I want to get premises and open a shop. I have found a former café complete with equipment, but it means taking on a five-year lease. Could I get out of the lease if things don’t work out?

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