Succession Act 1965 section 56

Right of surviving spouse to require dwelling and household chattels to be appropriated

Section 56 gives a surviving spouse or civil partner the right to require that the family home and household contents be appropriated to them in satisfaction of their share of the deceased's estate.

• A surviving spouse or civil partner who was ordinarily resident in the family dwelling at the date of death can require the personal representatives to appropriate that dwelling, and any household chattels, towards satisfaction of their share of the estate — and may also draw on the shares of infant children for whom they act as trustee.
• The personal representatives must notify the surviving spouse or civil partner in writing of these rights, and the rights must be exercised within six months of receiving that notification or one year from the first taking out of representation, whichever is the later.
• Where the value of the dwelling and household chattels exceeds the surviving spouse's or civil partner's share, they must ordinarily make up the difference in cash — but can apply to the court for relief from this requirement if hardship would otherwise result.
• Court authorisation is needed where the dwelling forms part of a larger building, is held with agricultural land, was used as a hotel or guest house, or was partly used for non-domestic purposes — and the court may also make further orders to deal fairly with the administration of the remainder of the estate.