Paragraph 5

Where the surviving F1husband or wifespouse or civil partner is one of two or more personal representatives, the rule that a trustee may not be a purchaser of trust property shall not prevent the surviving husband or wifespouse or civil partner from purchasing out of the estate of the intestate an interest in a dwelling-house in which the surviving husband or wifespouse or civil partner was resident at the time of the intestate’s death.

The power of appropriation under section forty-one of the principal Act shall include power to appropriate an interest in a dwelling-house in which the surviving husband or wifespouse or civil partner was resident at the time of the intestate’s death partly in satisfaction of an interest of the surviving husband or wifespouse or civil partner in the real and personal estate of the intestate and partly in return for a payment of money by the surviving husband or wifespouse or civil partner to the personal representative.