LEGAL INQUIRY COLUMN.

Auckland Star, Volume LXX, Issue 301, 21 December 1939, Page 15

LEGAL INQUIRY COLUMN.

(By BARRISTER-AT-LAW.)

[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.]

ANXIOUS MOTHER.—By searching at thp Registry of the Supreme Court where probate of the -will was granted, you may inspect the will and mak« a copy. You have no claim to either of your husband's relatives' estates, but you might be able to obtain a charging order against your h'lsbjiiid'a share in these estates to secure maintenance due to you. It any of your children are under 1« years of ace, it Is possible you can obtain a widow's pension, which is granted to certain wives who have takeit proceedings against their husbands aud failed to obtain maintenance or to wives whose husbands have disappeared. 2/2106.—Tour son appears to be able to contribute to your support. You should accordingly ask him to make proper provision for you, and, if he refuses, you should take immediate steps to get an order against him. —There is no provision in the Social Security Act for assiMance to one in your circumstances. — OLD SUBSCRIBER.—The fact that you have earned £68 in the year will not affect your age beuetit so long as your wife is under 60 years. I TENANT.—-If you pay one sum of £3 to your landlord you are entitled lo a stamped receipt. It is an offence punishable by a fine for your landlord to split up a sum of £3 and give two receipts for -50/ in an endeavour to evade paying for a receipt stump. * S.O.S.—Hoth you and your wife appear to tie eligible for an age benefit of £44 a year each. ANX I Ol" S.—lf you can prove that the damage to your radio was caused by the negligence of the contractor, von may recover from him the cost' of repairs. WORRIED.—It is not compulsory for your son to make a will. He may allot hi* pay to whomsoever he likes, subject to your right to be maintained by him "' n ' ac ' ou are dependent upon INTRUSION.—If the premises were first let as a dwelling after June 11, 1936. the i air Rents Act will not applv. '.our landlord is entitled to possession without giving any reasons it he "as given you one month's notice. OLD TIMER.—You have no remedy. You should have taken steps to have th»> trees removed within six months .if their being planted. e nd It la too late now to do anything. FENCES. In the event of a dispute as to the type of fence to be erected, the matter can be settled by a magistrate. *f you require a more expensive fence than a post and wire fence, you must be prepared to pay a considerable portion of the extra cost, if not the whole of the extra cost. HEATHER.—The stateuienta made do not entitle you to take proceeding. A.L.—You should apply to the Commissioner of Taxes for exemption from payment of your Social Security charge on the ground of hardship. W'.W.—lt la necessary for you to apply for Letters of Administration to your husband's estate. You are entitled to one-third of the estate and your children to the remainder. You will need to seek the help of your solicitor in administering the estate. READER.—Remuneration to a contractor is not wage 8, and accordingly it is not necessary to affix Social Security stamps for any payment made to him. ihe contractor must make a declaration of his income In May in each year and pay t*x accordingly, \ ARROW. Earnings of the prospective husband are too great to enable his benefit* 0 cont,nue welvine en age A.I.M.—N'o doubt the estate owners have obtained a licence from the Marine Department for the taking of shingle. Ihey are accordingly entitled to charge other people who take shingle. ANXIOUS DIGGER.—-You may cut back the branches of the trees where they overhang your boundary. You mav cut them back to the boundary line. WORRIED.—You must pay your debts. An old age pensioner Is not excused payment of his debt a. CONSTANT READER.—You cannot compel your landlord to effect repairs. You may apply to have the fair rent fixed and the state of repair cf the premises fair rent° rml ' n fl *' ng Ils * FAIR RENTS.—The advice given you 1* right if the block of flefs was originally erected for letting as flats. Othergiven 1 410 ° 0t " er<se ■ alUl tbe opinion