Textual Amendments
F1Words in Sch. 2 heading inserted (E.W.) (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 4 para. 13(4)(b); S.I. 2005/3175, Sch. 1
1(1) Subject to the provisions of this Schedule, where the residuary estate of the intestate comprises an interest in a dwelling-house in which the surviving [F2husband or wife][F2spouse or civil partner] was resident at the time of the intestate’s death, the surviving [F2husband or wife][F2spouse or civil partner] may require the personal representative, in exercise of the power conferred by section forty-one of the principal Act (and with due regard to the requirements of that section as to valuation) to appropriate the said interest in the dwelling-house in or towards satisfaction of any absolute interest of the surviving [F2husband or wife][F2spouse or civil partner] in the real and personal estate of the intestate.U.K.
(2)The right conferred by this paragraph shall not be exercisable where the interest is—
(a)a tenancy which at the date of the death of the intestate was a tenancy which would determine within the period of two years from that date; or
(b)a tenancy which the landlord by notice given after that date could determine within the remainder of that period.
(3)Nothing in subsection (5) of section forty-one of the principal Act (which requires the personal representative, in making an appropriation to any person under that section, to have regard to the rights of others) shall prevent the personal representative from giving effect to the right conferred by this paragraph.
(4)[F3The reference in this paragraph to an absolute interest in the real and personal estate of the intestate includes a reference to the capital value of a life interest which the surviving [F2husband or wife][F2spouse or civil partner] has under this Act elected to have redeemed.]
(5)Where part of a building was, at the date of the death of the intestate, occupied as a separate dwelling, that dwelling shall for the purposes of this Schedule be treated as a dwelling-house.
Textual Amendments
F2Words in Sch. 2 substituted (E.W.) (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 4 para. 13(2); S.I. 2005/3175, Sch. 1
F3Sch. 2 para. 1(4) omitted (E.W.) (1.10.2014) by virtue of Inheritance and Trustees' Powers Act 2014 (c. 16), s. 12(2), Sch. 4 para. 2(2) (with s. 12(4)); S.I. 2014/2039, art. 2
Modifications etc. (not altering text)
C1Para. 1(2) excluded by Leasehold Reform Act 1967 (c. 88), s. 7(8)