Step-daughter wants him out

Q. My father married a second time in 1984, and his wife died four years ago. He still lives in her house and he says she made a will leaving it to her daughter. The daughter is now talking about selling the house, saying my father, who is 86, could go into a home. Will he have to move out?

A. If there is a valid will and it doesn't make adequate provision for your father he may well have a claim on his late wife's estate. He should obtain expert legal advice on this point as soon as possible. The will should at the very least give your father the right to stay in the property during his lifetime. If it doesn't, the daughter would have to go to court to evict your father, and she would have to give good reasons why she needed the property urgently.

Farming tradition

Q. I live on a farm which was owned 50/50 by each of my parents. They are both dead now, but the farm isn't registered at the Land Registry. I'm slightly worried about this and about inheritance tax, since I would like to pass the farm on to my own son.

A. I take it you inherited everything from your parents either through their wills or because you were their only child. In whose names are the deeds? You could apply for probate or letters of administration to their estates and transfer the farm into your own name if that has not been done already (at which point it would have to be registered). If you have only one child and no widow your son will inherit the farm in the same way you did, assuming you do own it. As regards inheritance tax: if you own agricultural property and it's part of a working farm, you can pass on some of your property free of inheritance tax in your will or before you die. You can claim relief against inheritance tax for farmland and farm buildings, normally at a rate of 100 per cent, but only in terms of its agricultural use and its market value may be higher. You should seek proper advice.

Taking back control

Q. I bought a house many years ago, and in order to pay off the mortgage quickly I went to work abroad. I gave my wife power of attorney to manage my affairs in my absence. Now my wife is suffering from Alzheimer's disease and I would like to revoke the power of attorney. How would I do this?

A. An ordinary power of attorney can be revoked at any time by notifying the attorney to that effect, for example by letter. However you will also need to notify the relevant financial institutions of its revocation, and it's possible you will need to see a solicitor to draw up a deed of revocation for this purpose.

Tracey Wright is a partner and head of the Wills, Trusts & Probate team at Nash & Co Solicitors LLP, Beaumont House, Beaumont Park, Plymouth. Tel 01752 664444 or email law@nash.co.uk Website: www.nash.co.uk If you have a legal problem, write to You and the Law, Room 101, Western Morning News, Brest Road, Derriford Business Park, Plymouth, Devon PL6 5AA, or leave your query on our Legal Adviceline 0117 964 4794.