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A right trick one this, and no mistake...
How can the court grant possession of 'half a home', if you client also maintains a 50% share, he will have rights of occupation too? My concern if I were acting as decision-maker would the legality of any 'rental agreement' that were drawn up, (HB reg 6), as it might be 'a sham', and though you have not mentioned it, HB reg 7 (1) (a), non-commercial would also be at the front of my mind, as would the possibility of an implied or possibly resulting trust... giving effect to reg 7 (1) (e) coming into play?
I think though that your client would be on much stronger grounds, if a court actually finds for the late wife’s estate, that the remaining partner has a liability to pay... This might be an argument that can be heard before the full possession hearing, as armed with a County Court decision, confirming liability, the reg 6 and any reg 7 concerns, would be almost non existent...
My only other concern would be HB reg 10, as a 50% co-owner, (and depending on the terms of the will, possibly an equitable holder of more than 50%?), would the payments of rent need to be made to ensure his continued occupation, if he already had rights of occupation?
I have said this not as a position of law as it applies to your case, (as would need more (a lot more), info) but as a general 'type my thoughts as I think about it sort of a post)....
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