LEGAL INQUIRY COLUMN

Auckland Star, Volume LXXIII, Issue 119, 22 May 1942, Page 7

LEGAL INQUIRY COLUMN

BOMB COVER: It was optional for either mortmortgagor to take out War Damage insurance at time between December . w boover took out the co»er waa v H tied to receive from the oiiier party onohalf of the premium. Sinoa March It has been compulsory on the renewal of every fire Insurance to pay a War fttsk premium for the ensuing 12 months, and this premium has also to be shared between mortgagee and mortgagor. You are mistaken in thinking that insurance companies are making a million or two out of the war risk. Th» risk is borne oy the Government, who receive all the premiums, and the Insurance companies have the trouble oi collection Ota premiun* without payment. TREES: If your trees are planted three feet from your neighbour s boundary your neighbour has no remedy if they block mat his sunlight. M.E.8.: There is no way in which you can compel your mortgagee to reduce the Interest. There may be no harm in applying to the mortgagee for a reduction, but unless you can satisfy him that it Is lmpossiliie for you to pay the full Interest, you are unlikely to succeed. Th» rate you ara paying is not high. CRUSHED: You may transfer your shares to whomsoever you like. If. however, you transfer more than £500 worth In any one year, gift duty will be payable. The Statute of Limitations does not prevent the Commissioner of Taxes from recovering tax long overdue. FAIR PLAY: I assume that you live in the house and do not let it. You are not, accordingly, entitled to deduct the outgoings on the house for taxation purposes. Your declaration of income other than salary or wages should include the profit derived from the sale of vegetables and your bank account interest. On the figures you supply the total would be £32 8 9, on which a tax of £4 1/2 will be payable.

A.M.: For the purpose of an age benefit, a man living apart from his wife in pursuance of a separation order is deemed to be single, and his wife's income is not taken into consideration in determining the amount of the husband's age benefit. ANXIOUS: Sometimes a will provides for a remuneration for the trustee. After a trustee has completed hl3 duties, he may apply to the Court to fix his commission or remuneration for his services. The Court has power to allow a commission of up to 5 per cent, but in general the commission allowed Is much lower.