Family Home

No! This right applies personally to a surviving spouse, child or parent of the deceased who was living with him when he died, and is not transferable.

Can a surviving spouse of the deceased remain living in the family home owned by him? 

Yes! If the surviving spouse was living with the deceased together in the family home owned by him when he died , then he/she can remaining living there, as a tenant of the heirs who inherit it.

Can the deceased's children remain living in the family home owned by him? 

Yes! If the children were living with the deceased together in the family home owned by him when he/she died, then they can remaining living there, as a tenant of the heirs who inherit it.

Can the deceased's parents remain living in the family home owned by him? 

Yes! If the parents were living with the deceased together in the family home owned by him when he/she died, then they can remaining living there, as a tenant of the heirs who inherit it.

 

No! The idea is that they find a replacement home, and that they stay in the family home only temporarily, so that the estate can be divided. If the deceased made a will, it is possible to make provisions in relation to the rights of these people to remain living there.

No! Where the relationship was normal temporary absence such as holiday the couple will still be regarded as living together at the time the deceased died and the surviving spouse will not lose the right to live in the family home.

No! Hospitalization of the deceased prior to his/her death will not stop the the couple being regarded as living together in the family home when he died, and the surviving spouse will not lose any rights to remain living in the family home because of this.

Yes! If any of these were living in the family home with the deceased when he/she died, then they have a right to continue doing so, even if it was jointly owned, as tenants of the heirs.

Yes, subject to the rights of the bank in the home.

If the family home was rented out by the deceased on a very long lease, will the surviving spouse , his/her children and parents still have a right to continue living there after he/she dies? 

Yes, provided that they were living there with the deceased when he/she died.

The length of the tenancy and terms will be set by agreement between the surviving family and the heirs, but if they cannot agree the court will decide instead.

No! That right ends with the surviving spouse's death and is not transferable.

Is the right of a first degree relative to carry on living in the deceased's family home as a tenant especially protected by law? 

No, the right of a surviving spouse, child or parent of the deceased to carry on living in the family home after the deceased's death as a tenant of the heirs, is not protected By the Protected Tenants' Act of 1972.

Can a testator specifically take away the right of a surviving spouse, child or parent to carry on living in the family home, as a tenant of the heirs, after his demise?

Yes! A testator is free to give instructions to this effect in his/her will.

Yes! A surviving spouse, child or parent of the deceased who has been denied the right to become the heirs' tenant in the family home, can get payment from the estate to cover alternative accommodation.

Will the deceased's right to a short term tenancy in the family home pass to first degree relatives who were living with him, or his heirs? 

To the first degree relatives – i.e. surviving spouse, children or parents – who were living with him there when he died.

Yes! A cohabitee or common-law spouse has the right to continue living in the family home , as the heirs' tenant, just as if he/she had been married to the deceased.