It is vital to get legal advice on beneficiaries

Q I have a joint life insurance policy with my partner. He has a son with his ex-wife and two daughters with me. If he were to die, would his eldest child have a claim on this policy as it would be part of his estate? I am named in my husband’s will as beneficiary of the policy and he is named in mine.

A If the policy forms part of his estate it may be subject to a claim for children’s rights no matter what the will says, but if the policy is in trust or otherwise it does not form part of his estate and the three children cannot claim. But if you are married to your partner but have not yet made a will, your rights as succeeding spouse would take priority. It is crucial that you both see a solicitor for detailed advice and alternative tactics.

How to secure legacy

Q I want to ensure a friend receives a legacy from me when I die but am worried that my children, who don’t like her, will tear my will up without her getting to know what she is entitled to.

A The simplest thing is to leave the will with your solicitor, as most people do, and/or write to your friend telling her now what you have put in your will, and/or send a copy of the will to her. If you don’t want your friend to know about it before you die, then as long as your will is in safe hands, that’s fine. Also, if you appoint someone other than your son or daughter as executor, he or she won’t have any right to get hold of the original will when you die.

Clear threat may work

Q A leak in the shower of the flat above me flooded my property. My insurance company advised me to get insurance details from the occupier. He has made vague promises but has never passed over any actual information. The damage requires a new floor and redecoration, totalling more than £1,000. There is an excess on my insurance policy should I get them to pay, but I don’t see why I should. Can I force the neighbour to co-operate?

A Not by yourself. Your ultimate action is to claim/sue the neighbour for your losses, the inconvenience and costs, including legal costs. If you do so, then this may cause them to pass the case to their insurers after all. You should get your lawyer to make a clear threat of court action as a last resort to make the neighbour cough up and, if that does not work, sue him.

Pay when job is done

Q I have had an extension built but the builder has become bankrupt and disappeared, and has not supplied an electrical certificate which I require to receive a completion certificate.

A It is not expensive to get a private investigator to locate the builder and/or electrician, but it might be pointless, so you are probably better to get another electrician to inspect the system and issue the certificate. You will simply have to put the additional cost down to experience. Never pay all the money until the job has been done and all certification issued. Happy New Year!