PART 3PROVISIONS APPLYING TO ALL OCCUPATION CONTRACTS

CHAPTER 8DEALING

Succession

I176Reserve successor: family member

1

A person is a reserve successor of the contract-holder if he or she is not a priority successor of the contract-holder and—

a

he or she meets the family member condition,

b

he or she occupied the dwelling as his or her only or principal home at the time of the contract-holder's death, and

c

if he or she meets the family member condition because of section 250(1)(c) (family members other than spouses, civil partners etc.), he or she also meets the basic residence condition.

2

A person meets the family member condition if he or she is a member of the contract-holder's family.

3

A person meets the basic residence condition if throughout the period of 12 months ending with the contract-holder's death—

a

he or she occupied the dwelling, or

b

he or she lived with the contract-holder.

4

If the contract-holder was a priority successor in relation to the occupation contract, the references in subsections (2) and (3)(b) to the contract-holder include the person the contract-holder succeeded.