MHHS · Wills and Succession Act
Part 5 — Family Maintenance and Support
77 Limits on rights under this Division
possession of the family home or to the use and enjoyment of
household goods
(a) gives a surviving spouse or partner no greater interest in that
property than he or she had at the time of the deceased's
death, and
(b) does not, subject to any order of the Court under this Par t,
affect the terms of any agreements, charges, obligations,
transfers or liabilities that existed in respect of that property
at the time of the deceased's death.
(2) A surviving spouse or partner does not, by virtue only of
exercising a right under this Division in respect of a family home
or household goods, become a party to or liable under any security
or similar agreement.
(3) A right provided by or under this Division is personal to the
surviving spouse or partner, and the surviving spouse or partner
shall not rent the property or assign, sell or otherwise transfer the
right, whether for value or otherwise.
(4) Any tenancy or assignment, sale or other transfer entered into
in contravention of subsection (3) is of no effect.
(5) Subsection (4) applies despite the Mobile Home Sites
Tenancies Act, the Residential Tenancies Act and the Condominium
Property Act.
(6) The right to possession of the family home is terminated if the
surviving spouse or partner ceases to occupy the family home as
his or her ordinary residence during the period of temporary
possession.
(7) The right to possession of the family home or to the use and
enjoyment of household goods is terminated if the surviving spouse
or partner fails to maintain or repair the home or goods as required
by section 80.