RTA · Wills and Succession Act
Part 5 — Family Maintenance and Support
75 Right to temporary possession of family home
certificate of title as an owner of the family home but who is
ordinarily occupying it, whether under a court order or otherwise,
at the time of the death of the other spouse or adult interdependent
partner is entitled to possession of the family home for a period of
90 days commencing on the date of the death, as against
(a) the deceased's estate or a ny person inheriting from the
estate, other than a child described in section 72(b)(iv) who
is ordinarily occupying the family home at the time of the
deceased's death,
(b) any person who is an owner of the family home by right of
survivorship on the deceased's death,
(c) any person who, at the tim e of the deceased's death, held an
interest in the family home as a co-owner with the deceased,
other than a child referred to in clause (a), and
(d) any person who, during the period of temporary possession,
enters into a contract to purchase the family home.
(2) Subsection (1) does not apply to a surviving spouse in whom a
life estate in the family home is vested by section 18 of the Dower
Act.
(3) If at the time of the deceased's death the family home, or a
mobile home site on which the family home is located, is rented
under a written tenancy agreement in the name of the deceased but
not in the name of the surviving spouse or partner, then during the
period of temporary possession
(a) the deceased's estate or a person referred to in section
79(2)(a) or (b) is deemed to be the tenant for all matters
relating to rent and security deposits,
(b) the surviving spouse or partner is deemed to be the tenant
for all other matters,
(c) the landlord continues to have the rights of a landlord un der
the Mobile Home Sites Tenancies Act, the Residential
Tenancies Act or the Condominium Property Act, whichever
applies, and
(d) a corporation as defined in the Condominium Property Act
continues to have the rights of a corporation under sections
53 to 56 of that Act,
in respect of the tenancy agreement.
(4) An estate or other person responsible to pay the rent during a
period of temporary possession under this Division, other than the
surviving spouse or partner, shall not terminate or give the landlord
a notice of termination of the tenancy without first obtaining the
consent of the surviving spouse or partner or an order of the Court
approving the termination of the tenancy.
(5) Before making an order under subsection (4), the Court shall
consider whether the termination would shorten the period of
temporary possession or prevent it from being extended by order
under section 82(1)(a) and, if so, shall consider
(a) the availability of other accommodation within the means of
the surviving spouse or partner, and
(b) any other factor the Court considers relevant.
(6) The Crown is bound by this section.