You and the Law – 15th September 2009

Son may suffer

My ex-husband bought a house with his new partner.  They are tenants in common, with equal shares, and my ex-husband made a Will leaving his share to our son. 

My ex and his partner have since got married. Does he have to make a new will in order to leave his half to my son, and what would happen if he didn’t?  VP

You’re right to be concerned.  The Wills of people who marry are automatically cancelled.  The reason for this is that it’s assumed that couples will want to leave their property to each other, but that newly-weds may forget to alter their Wills accordingly.  

So unless your ex-husband made his Will in contemplation of marriage it will now fail.  In that case if he dies first his wife will inherit some, if not all, of everything he owns including his share of the house.

Short straw

I work Mondays and Saturdays at a local shop, and am obliged to cover when other staff are away.  Because bank holidays are always on a Monday I always have to do them.

What rate of pay should I expect for this? I get slightly more than the normal rate, but I always thought you were entitled to double pay on bank holidays?  AF

No, I’m afraid bank holidays are just another working day unless you have an agreement with your employer not to work them.  That being the case, your rate of pay on those days is entirely a matter for negotiation between you and your employer.

If you take a job working unsocial hours at a given rate of pay, you can’t really complain if the hours are inconvenient and the money isn’t very good.

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