INQUIRERS' CORNER

NZ Truth, Issue 1146, 17 November 1927, Page 16

INQUIRERS' CORNER

GENERAL

WILLS

[Conducted by "INTERPRETER."

Answers wiU bo published as early as possible after receipt of questions and so far as possible m order of rotation of receipt. All letters must be written m ink and be addressed "Interpreter o/o "Truth," Manners Street, Wellington. While we take no responsibility for any answer given In these columns every endeavor will be made to see that they are absolutely correct. , Answers to legal queries must be accepted merely as • guide as to whether or not It is worth while going to the expense of placing matters inquired about m the hands of • oollcitor for further action. No replies can be made by post. No anonymous inquiries will be answered, and inquiries of this nature will not be preserved. Frivolities and questions not of general interest will not be answered. v

Q.: Is the owner bound to keep his mortgagee insured against the risk of claims under the Workers' Compensation Acts? Does the insurance protect the owner's sons — the only people employed — against , accident? — "C.M.J." (Invercargill). A.: You are under a misconception as to the effect of the insurance. Every owner is bound to insure his mortgagee against the risk of any worker's charge on the land obtaining priority to the mortgagee's charge under the mortgage. That is the only risk insured against. Neither you nor your employees, whether sons or not, have any direct claim against the insurance company.

Q.: Can my rich brother, who is In Australia, be made to assist me, as I am m poor circumstances through sickness?— "S.W.R." (Lyall Bay). A.: If you are a destitute person — i.e., unable to support yourself by your own labor — then your brother as a near relative is liable to contribute to your support. The Destitute Persons Act, 1910, Section 7, expressly provides that the order may be made, notwithstanding the near relative is resident outside New Zealand. Having obtained a New Zealand order, you can take steps under the Maintenance Orders (Facilities for Enforcement) Act, 1921, to have a corresponding order made m the State of Australia where your brother is resident. The proce- = dure is to have § a provisional or- = der made here 1 and confirmed by | the Australian I

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court. Whatever I the law of the | Australian State, § as to your bro- = ther's liability m | similar circum- i

stances may be 1 will not matter, 1 as the statute | provides that it I is the law of the | place where the | order is originally 1 made that is to §

settle the liability, f and also that no I defence is to be I allowed on an ap- I plication for con- | firmation that s,iiiMttiiiiiimiMiimiMiiiiiiiiiiimiiii would not have been allowed at the making of the original order.

Q.: Can the father of an illegitimate child to a single woman, who is paying maintenance, and who afterwards married another woman and has four children to support and cannot afford to pay the maintenance, apply. to the former for permission to adopt thfi child legally? And if she refuses can she still enforce payment of maintenance?—"J.R.H." (Whitiora). A.: He can apply, but the mother is under no obligation to consent, and her refusal will not prejudice her right to maintenance. The father's remedy is to apply to the court to have the maintenance reduced or cancelled altogether by reason of the change m his circumstances.

Q.: How much money can wife of old age pensioner, the wife not receiving pension, have m the bank, and how much can she earn "per year, and not affect her husband's pension?— "King" (Auckland). A.: It is impossible to answer this without knowing the particulars of the husband's property. If he is entirely destitute of means, both capital and income, then the wife could earn £104 per annum or have £100 m the bank without affecting his pension. Q.: What amount may applicant for widows' pension have m bank and what amount may applicant earn weekly? — "New Zealander" (Pah^iatua). A.: To obtain the full pension the total income of the widow plus the pension must hot exceed £2 per week plus 10/- for each child. That means that a widow may receive an income of £78 before the full pension is affected. In the case of money on deposit the widow is chargeable with the actual interest received, but not to be less than 5 per cent. The maximum bank deposit that a widow having no other property or income whatever could hold and still receive the full pension would then be £1560.

Q.: What is the cost of extending a £500' mortgage for three years? — "C.M.J." (Invercargill). A.: If the statutory form is used, £2/2/-, plus disbursements about 15/-.

Q.: Is a mortgagee bound to sell through the registrar? In the event of the property being submitted and not sold must the mortgagee take it over? — "Anxious" (Canterbury). A.: Without selling through the registrar a mortgagee can sell by auotion or if he likes to take the risk by private contract. Unless the sale is through the registrar, the mortgagee cannot buy m, and even if he sells through the registrar he is not bound to himself buy m; he can simply leave the property unsold m which case the property will continue at the risk of the mortgagor.

Q.: Can & a second mortgagee take action without consent of the first and if so what action can he take? — "Suburb" (Auckland). A.: Such consent is quite unnecessary. Although you have regularly paid the interest and Instalments, the second mortgagee can recover payment for the balance and issue execution. He can alao sell and also collect the rents. LEGAL

Q.: In the case of a widower remarrying and having one child to second wife both "m of whom are the beneficiaries un - der his will, has a mWrled daughter of the first marriage any claim on the estate? — "Inquirer" (Dunedin). A.: If she can satisfy the Supreme Court that her father has not made adequate "provision" for her proper maintenance and support, some provision will be made for her.

Q.: A commits theft and forgery and B interferes and blocks, justice from taking

its course,

makes good the amount taken by A but is well repaid. If the action of B becomes known is his offence punishable by law?— "X.Y.Z." (Wellington). A.: No. There Is nothing criminal m lending an offender money and charging for it.

Q.: Will any institution accept a destitute g-lrl m trouble without an order from the court? — "M.M.C." (Te Rapapa) . A.: Yes. Apply to one of the charitable homes conducted by the Salvation Army and by others.

Q.: I paid fees for two months' night tuition at a private school and after a month I Avas told not to come back because they said I kept others from working. Have I any claim on them for the refund of one half of fees? — "Perplexed" (Auckland). A.: No, if your conduct were such as to justify them m asking you to leave.

Q.: My husband is m a mental hospital. Before he was committed he made a will m my favor. The Public Trustee has taken the will and also his insurance policy. Can I have another will executed? Is it worth my while to keep up payments on the home and on the life policy, or will the Public Trustee sell everything to pay for maintenance ? — "Anxious" (Wellington).

A.: The old will Is not affected m any way by the subsequent committal. Any revocation of the old will or any new will executed by your husband while undischarged will'be ineffective, and m that way you are protected. It is to your interest to keep up all payments. As to money you find yourself you can rank as a creditor, and m any case you are protected by the statutory exemption of life policy moneys from payments of debts.

WAGES AND PENSIONS

(COMPENSATION

MAINTENANCE

MORTQAGEB