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Intestates’ Estates Act 1952
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4(1)During the period of twelve months mentioned in paragraph 3 of this Schedule the personal representative shall not without the written consent of the surviving [F1husband or wife][F1spouse or civil partner] sell or otherwise dispose of the said interest in the dwelling-house except in the course of administration owing to want of other assets.U.K.
(2)An application to the court under paragraph 2 of this Schedule may be made by the personal representative as well as by the surviving [F1husband or wife][F1spouse or civil partner], and if, on an application under that paragraph, the court does not order that the right conferred by paragraph 1 of this Schedule shall be exercisable by the surviving [F1husband or wife][F1spouse or civil partner], the court may authorise the personal representative to dispose of the said interest in the dwelling-house within the said period of twelve months.
(3)Where the court under sub-paragraph (3) of paragraph 3 of this Schedule extends the said period of twelve months, the court may direct that this paragraph shall apply in relation to the extended period as it applied in relation to the original period of twelve months.
(4)This paragraph shall not apply where the surviving [F1husband or wife][F1spouse or civil partner] is the sole personal representative or one of two or more personal representatives.
(5)Nothing in this paragraph shall confer any right on the surviving [F1husband or wife][F1spouse or civil partner] as against a purchaser from the personal representative.
Textual Amendments
F1Words 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
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