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The surviving spouse's right to the family home

Temporary and life-long rights to housing

The surviving spouse is now guaranteed the right to remain in their home after their partner's death, even without a gift or will in their favour. For one year from the date of death, they have the right to remain in the main residence and use its furniture free of charge, without any formality.

After one year, if claimed within the year of death, the surviving spouse may benefit for life from a right of use and occupation over the home and its furniture — provided it was the couple's main residence at the time of death.

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