LEGAL INQUIRY COLUMN.

Auckland Star, Volume LXX, Issue 265, 9 November 1939, Page 20

LEGAL INQUIRY COLUMN.

(By BAR RI ST ER - AT-L A W.) [Letters of inquiry will be answered every week in this column. As far as possible they will be dealt with in the order in which they are received, and replies will be inserted with the least possible delay. 1 BKIGITTOX.— If the legacy is received in one sum it will affect your brother's age benefit: for one year only. If the | amount does not. exceed £."»<m received in any one year and is spent in the purchase of a property to be used by him fur a home, or for improvements or renovations of his home, or to pay oil' any mortgage on his home, his age benefit will not be affected at all. The effect on your sister's age benefit will be similar, except that, if she invests the legacy and the income from it. together with other income, exceeds £.VJ per year, her age benefi't will be reduced by i lie amount of income in e\ce -s j• f In both cases if more than £r»nu j< retained in casli, the age I'eneli I s will be reduced by £1 for every £11) cash in excess of £500. l*'«ie|i the Australian ('oiirfs has its own divoree laws, and unless you iti 1 orin me jn which Stale your husband is domiciled 1 cannot advise what grounds of divorce are available. It might be possible for you to obtain a divorce in New Zealand. If you have been living in New Zealand for not less than three years, and have the int-ntioii of residing permanently in .New Zealand, and have been living apart from your husband for more than three years, 3011 may petition for a divoree m New Zealand. Such a divorce would not be valid outside New Zealand. A.K.t. It is impossible to advise you as to your rights without a copy of the agreement between the parties! Before you can exercise your remedies under the agreement you must obtain the leave of the Court. POSITION.- If you are not satisfied with lc '"'"is offered, you should write to the theat.-e manager formally cancelling his license to use your fence for hoardings, and requiring him to remove the board which he has fixed to your fence. If he does not comply you may remove tile board. GAKDhNhI!.—Tt is nn offence to lay poison in any borough op town distrlct. Your remedy is to fence the property. S. There has been no change in law m connection with sub-letting. Ilil S L MO.\K\. it ihe solicitors were clearly acting for you, you mav insist 011 payment of the money. You" should consider, however, whether it is worth your while antagonising the mortgagee lur the sake of the small amount of money now held by your solicitors. Moneys spent on the property is money spent for your benefit. It is au implied er ,n "f your mortgage that von will keep Ibe property in repair, and if vou lail to do so you will only have voursclt to lilnme if the mortgagee is given leave to sell the properly, w ONDKKINC. If you ,|o Ilot repay th mortgage alter the mortgage ~ , u . ~ up, the mortgagee may apply to the Court for leave to exercise his power f .'.i. \ " ■ vo " ' 511,, w that your failure to meet your obligations is due directly or indirectly to the present war. the mortgagee probably will not be■ given leave to sell: otherwise he will probably in» given leave. 81.l h i:VKS. You may leave provided that you are able to maintain yourself »>i'l provided that you live a respect "o'e lite I here are matters mentioned 111 your letter that justify vour parents ill refusing to allow you to leave home It you insist oil leaving it is possible for them to take steps to have you place,| under the supervision or control „f the Child Welfare Department. If you are unsettled and discontented you will probably find the trouble lies in yourself and not in vour home, and that going away will' not make you any happier. Fi-.N( I'. If yon are unable to agree with your adjoining owner on the type or r, ; n, 'e to I reefed, o r lls tn the necessity for the fence, or whether ttie existing hedges are sufficient fences you should object to his notice ro fence and leave the matter to be settled by the Court. C.K.CI. If your father makes a will without making adequate provision fo r the proper maintenance of his children, t ie ( onrt may in its discretion order thai suitable provision should be made lor the children out of tile estate If any of the children have no special ,'""11 " n J ho ": father's bounty and are i.ip.ihle of maintaining themselves, the Court Is unlikely to make anv pro- . V s ,',"" for 'hem. If your father dies without a will his widow will receive lir'V, •1 "v ,h ,° ;l "d the children will divide the balance equally If your father left hi s estate to his second wile, and she died without a will neither you nor your brothers would receive any part of her estate. '•-O.MOVI. — The board may sue for the enfore, ,'i however, proceed to ,f ,i «• "'"'lout the leave if the Court. If the Court is of the opinion that your inability to pay is attributable directly or indirectly to the present war. it may rcfu.se leave or grant leave conditioiially. Mil. ( 1) If the husband has ma dp . home in Australia the Australian Courts are the only Courts rn.it can grant him a divorce. U is /Mr the Wife to apply to the rourf for leave to have her evidence taken in ■New /.aland IL'i If the husband and wife mutually I to separate. iifither can subsequently be accused .is n 'luest ion of fact Whether your living for short period in the same house brought the separation to an end If so. then a refusal hy your wife without just cause to join joii in a new home amounts to deser«"m' 1 . f '" w-liich .lesertion will be deemed |o commence will be the date on which she refused to accompany you to a new home. (.'!) and (I) Ihe Court will consider the Interest of the child and will probably consider that the parent who can provide the child with a home is the one wh" should have the custody of the child. (.11 The amount of maintenance depends on the husbands financial position. A sum of from 10/ V' V/ w, ' rk is " s »nll.v allowed. (b) I roceedtngs in respect of the child may be taken at any time. (7) if Ihe parties have previously agreed to separate, that agreement is a valid excuse for the wife refusing to live with her husband. S M AI. I, RhIAII.KR.—As your lease has expired, all rights under it have come to an end. It is now purely a matter of bargain i.ctween you and your landord what your rent will be. Until '"iHgiiin imh.l.' or until your , to occupy is terminated, you will be deemed t be a monthly tenant at ie'a.-e ;U "° " <lS Provided by the

Al!( '- J f niiiinlcniinco proceedings are taken against you, the amount of maintenance which yon will In. ordered " <'l lv <Jt'l»'iicls upon your financial 'VT. 1 , „ i i» Hie circll in - stances I hat an order for as small a sum as 7/0 will be made. WOK ItlEI). ([) an(J (2) Tllo s ,, |ler can mi. enforce Ins remedies under the hire purchase agreement without leave of the i.nurt. If you are serving with ~ih, / ,rt , e , S ,he ( -' ollr t will probabjy " .. ' to suit your Circumstances. (3j landlord cannot recover possession of houso on the ground of non-payment of rent without obtaini nj.' leave of the Court, and 1!"'' u '" t"ke into consideration lhe enect ol' the war on your circumstances.

AXX lots. Estate duty on an estate between fJOOO and £3000 is 2J per cent plus one-third of the value of , estate of £3000 to . duty is ,\i per cent plus onellurd. in addition, succession duty which varies with the amount of succession and the relationship of the successor to the deceased, may be payable. *

MItS. K.— Vou should write to your husband s employers and ascertain what wage he is receiving. I'l.lt I'l.EXED.—Your husband is entitled to have the information so that he may obtain exemption from his income lax. Jt your husband is entitled to no other exemption except exemption in respect of his wife, he will have no £.\- 0 tO 11115 llnlesM his income exceeds

J* possible that the liability will still remain, even though . the goods are seized. You could probably arrange with the seller to take back the goods now and give you a clearance.

WILL.—If your mother died intestate you should be entitled to a share of her estate. You have no right to the estate of your stepfather.

HOUSE.—If you sell your house and buy another to live in, your age benefit will not be affected. If, however, you let your bouse and the rent you receive brings your net income to more than £52 per year, your age benefit will be reduced by the amount that your income exceeds £52 per year. KELMARNA.—If you erect a shed in the manner you suggest it will not become a fixture. It would be preferable, however, get your landlord's consent in wrniug to the erection and removal of a shed. ADVICE.—The seller cannot seize the car without first obtaining the leave of the Court. If your husband can satisfy the Court that his inability to pay arises directly or indirectly out »f the war. leave to seize the cur will probably be refused so long as the payments offered are continued. Your best plan is to interview the seller at once and make your offer. It is probable that you will have to pay further interest. 8.0.W.— Unless the article was expressly or liy implication included in the sale, tbe buyer is not entitled to claim it. DISHEAK'I ENED.—Your letter lias not been kept. You can search the files or the "Star" and assume that the reply appeared about a fortnight after your letter was written. D.M.Ii. —it would cost a creditor something over £10 to have a debtor adjudged a bankrupt. A debt may be legally recoverable at any time witiiin -six years of its being incurred, or within six years of the last payment on account: or the last written acknowledgment of tbe debt. FA IK I.'EXTS.—There are certain specified grounds upon which a landlord can claim possession of premises which are subject to the Fair Rents Act. An application by a tenant to have the fair rent fixed is not a ground on which a landlord can week to obtain possession from the tenant. You may accordingly apply to have your fair rent tixed without fear of being ejected.