Life Assurance Payout with Complications.

[BooBoo2]

Hello. My partner died of a diagnosed brain tumour 2 months ago after a 12mth illness. We co-habited for 20+ years but she had no legal financial interest in my property. Although we knew she was terminal we made no will or power of attorney as we assumed her affairs would be very simple & well under any probate requirement. It was verbally agreed by all concerned that I would be classed as next of kin & executor to wrap up her affairs according to her wishes.

Her employers (who have been fantastic throughout) have now informed me that she benefits from a death in service group life assurance policy, which could be as much as £150,000+.

I have supplied all the details they have asked for in order to make a claim against this policy, pointing out that she died without a will, no probate & therefore intestate. They are aware that she filled in an expression of wishes form regarding this life assurance naming myself as the sole beneficiary.

She has a son who she was estranged to for 30+ years, long before I met her. His whereabouts are currently unknown but he is believed to be alive. She also had 1 sister who she kept in touch with over the years.

My question is how powerful is the expression of wishes?

This is a large sum of money that we did not expect & plan for. If the son, or her sister gets wind of this then I fear an expensive legal battle.

[atticus]

This is why people should make wills!

I can not comment on the strength or otherwise of the expression of wishes. I suggest that you contact the insurance company in question.

[PallasAthena]

If this is a "death in service" benefit under her employer's pension scheme then typically these are arranged so that the payment is discretionary and the Trustees of the pension scheme decide who to pay the benefit to. The purpose of structuring it this is that normally the payment is not made to the deceased employees estate and so does not become an asset of the estate for IHT purposes.

Employees are asked to.make a nomination of whom they would like to receive the payment. The Trustees will consider this nomination in deciding who receives the benefit. They don't have to follow the nomination but in practice nearly always do.

I suggest you talk to your late partner's HR department.