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Insurance policy divorce

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  • Insurance policy divorce

    Hi my dads recently died…there are insurance policies he took out in my mothers name abs also joint names…they divorced c1985 and she remarried c1990…is she entitled to receive the policy funds after all this time. I know her names on the policy but they had a nasty divorce and he brought me and my 2 siblings up on his own abs struggled while she didn’t give a damn…I really really hope she isn’t going to be able to get rich quick because her ex husband has passed away. Tia
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  • #2
    Sorry Tia, but the references to you mother's name and to joint names suggest that your mother may have at least some entitlement. The terms of the policies and any expressions of wishes notified to the insurance companies will need to be considered.

    On a separate point, any financial order made by the court following divorce may bring an end to the financial claims either party may bring against the other.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

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    • #3
      But dad commenced this policy only 3 years before she left family home and he continuesd to pay it! He lost his job coz mother had affair with someone also at their place of work…my mother is estranged from all children for 40 years. It really isn’t fair and doesn’t seem right she and the affair person are now going to benefit from my dads death …isn’t there something that can be done…

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      • #4
        I can only go on what you have said.

        Take professional advice.
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

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        • #5
          Atti is correct, but insurance policies vary considerably in their essential nature and the wording in respect of beneficiaries. It needs checking out.

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          • #6
            Unfortunately, it seems to me, the law is not always the same as ethical justice.

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            • #7
              The law says that we are each entitled to do what we want within the law. Sadly, the situation you describe is the culmination of many small actions by your father to achieve this exact end. At what point should the law interfere with someone of sound mind making decisions others later disagree with?

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              • #8
                It isn’t others …it is him…why would he want his ex wife who committed adultery and caused him to lose his livelihood 40 years ago to inherit from simething he did when they were together? You take out a life policy with your spouse to protect one another …that doesn’t stand surely adter a divorce

                Comment


                • #9
                  It does stand after the divorce. In the divorce, no doubt all these financial issues were discussed and arrangements finalised.
                  You might be quite correct as to what you think your father would have wanted, but these things were considered and he continued the arrangements as they are.

                  Again, he stated his wishes clear;y when taking out the policies, he (possibly/probably) reconsidered this exact issue on the divorce, and had many years and ample opportunity to express any change of mind. He did not.

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