56.—(1) Where the estate of a deceased person includes a dwelling in which, at the time of the deceased's death, the surviving spouse F26[or civil partner] was ordinarily resident, the surviving spouse F26[or civil partner] may, subject to subsection (5), require the personal representatives in writing to appropriate the dwelling under section 55 in or towards satisfaction of any share of the surviving spouse F26[or civil partner].

(2) The surviving spouse F26[or civil partner] may also require the personal representatives in writing to appropriate any household chattels in or towards satisfaction of any share of the surviving spouse F26[or civil partner].

(3) If the share of a surviving spouse F26[or civil partner] is insufficient to enable an appropriation to be made under subsection (1) or (2), as the case may be, the right conferred by the relevant subsection may also be exercised in relation to the share of any infant for whom the surviving spouse F26[or civil partner] is a trustee under section 57 or otherwise.

(4) It shall be the duty of the personal representatives to notify the surviving spouse F26[or civil partner] in writing of the rights conferred by this section.

(5) A right conferred by this section shall not be exercisable—

(a) after the expiration of six months from the receipt by the surviving spouse F26[or civil partner] of such notification or one year from the first taking out of representation of the deceased's estate, whichever is the later, or

(b) in relation to a dwelling, in any of the cases mentioned in subsection (6), unless the court, on application made by the personal representatives or the surviving spouse F26[or civil partner], is satisfied that the exercise of that right is unlikely to diminish the value of the assets of the deceased, other than the dwelling, or to make it more difficult to dispose of them in due course of administration and authorises its exercise.

(6) Paragraph (b) of subsection (5) and paragraph (d) of subsection (10) apply to the following cases:

(a) where the dwelling forms part of a building, and an estate or interest in the whole building forms part of the estate;

(b) where the dwelling is held with agricultural land an estate or interest in which forms part of the estate;

(c) where the whole or a part of the dwelling was, at the time of the death, used as a hotel, guest house or boarding house;

(d) where a part of the dwelling was, at the time of the death, used for purposes other than domestic purposes.

(7) Nothing in subsection (12) of section 55 shall prevent the personal representatives from giving effect to the rights conferred by this section.

(8) (a) So long as a right conferred by this section continues to be exercisable, the personal representatives shall not, without the written consent of the surviving spouse F26[or civil partner] or the leave of the court given on the refusal of an application under paragraph (b) of subsection (5), sell or otherwise dispose of the dwelling or household chattels except in the course of administration owing to want of other assets.

(b) This subsection shall not apply where the surviving spouse F26[or civil partner] is a personal representative.

(c) Nothing in this subsection shall confer any right on the surviving spouse F26[or civil partner] against a purchaser from the personal representatives.

(9) The rights conferred by this section on a surviving spouse F26[or civil partner] include a right to require appropriation partly in satisfaction of a share in the deceased's estate and partly in return for a payment of money by the surviving spouse F26[or civil partner] on F27[his or her] own behalf and also on behalf of any infant for whom the spouse F26[or civil partner] is a trustee under section 57 or otherwise.

(10) (a) In addition to the rights to require appropriation conferred by this section, the surviving spouse F26[or civil partner] may, so long as a right conferred by this section continues to be exercisable, apply to the court for appropriation on F27[his or her] own behalf and also on behalf of any infant for whom the spouse F26[or civil partner] is a trustee under section 57 or otherwise.

(b) On any such application, the court may, if of opinion that, in the special circumstances of the case, hardship would otherwise be caused to the surviving spouse F26[or civil partner] or to the surviving spouse F26[or civil partner] and any such infant, order that appropriation to the spouse F26[or civil partner] shall be made without the payment of money provided for in subsection (9) or subject to the payment of such amount as the court considers reasonable.

(c) The court may make such further order in relation to the administration of the deceased's estate as may appear to the court to be just and equitable having regard to the provisions of this Act and to all the circumstances.

(d) The court shall not make an order under this subsection in relation to a dwelling in any of the cases mentioned in subsection (6), unless it is satisfied that the order would be unlikely to diminish the value of the assets of the deceased, other than the dwelling, or to make it more difficult to dispose of them in due course of administration.

(11) All proceedings in relation to this section shall be heard in chambers.

(12) Where the surviving spouse F26[or civil partner] is a person of unsound mind, a requirement or consent under this section may, if there is a committee of F27[his or her] estate, be made or given on behalf of the spouse F26[or civil partner] by the committee by leave of the court which has appointed the committee or, if there is no committee, be given or made by the High Court or, in a case within the jurisdiction of the Circuit Court, by that Court.

(13) An appropriation to which this section applies shall for the purposes of succession duty be deemed to be a succession derived from the deceased.

[Cf. "dwelling" in 1960 (No. 42) s. 2 (1)]

(14) In this section—

“dwelling” means an estate or interest in a building occupied as a separate dwelling or a part, so occupied, of any building and includes any garden or portion of ground attached to and usually occupied with the dwelling or otherwise required for the amenity or convenience of the dwelling;

“household chattels” means furniture, linen, china, glass, books and other chattels of ordinary household use or ornament and also consumable stores, garden effects and domestic animals, but does not include any chattels used at the death of the deceased for business or professional purposes or money or security for money.