(1) Where the estate of a deceased person includes a dwelling in which, at the time of the deceased's death, the surviving spouse or civil partner was ordinarily resident, the surviving spouse or civil partner may, subject to subsection (5), require the personal representatives in writing to appropriate the dwelling under section 55 in or towards satisfaction of any share of the surviving spouse or civil partner.

(2) The surviving spouse or civil partner may also require the personal representatives in writing to appropriate any household chattels in or towards satisfaction of any share of the surviving spouse or civil partner.

(3) If the share of a surviving spouse or civil partner is insufficient to enable an appropriation to be made under subsection (1) or (2), as the case may be, the right conferred by the relevant subsection may also be exercised in relation to the share of any infant for whom the surviving spouse or civil partner is a trustee under section 57 or otherwise.