A co-owner of property may be partly dependent on the other co-owner for accommodation for the purposes of family provision eligibility, notwithstanding the co-owner's legal right to occupy. Where a claimant's need is for accommodation on a specific property, the appropriate provision may be a right of occupancy terminable upon death or permanent cessation of residence, rather than a fee simple or life estate, particularly where the claimant has sufficient assets to relocate if she ceases to reside there. Promises made by a testator and expectations thereby created remain relevant to the assessment of proper provision and moral obligation.
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