Areas of Law / Wills and Probate

My husband died suddenly at the age of 36. I found a life insurance policy for about £19,000 which he’d taken out before we met. But the policy was written in trust so that his then girlfriend would benefit on his death. Now the insurance company says it must pay the money to her – even though my husband hadn’t seen her for years.

If the policy was taken out with a “Friendly Society” then (under Schedule 9 of the Friendly Societies Act 1992) a nomination is revoked on marriage, so the money would be paid into your husband’s estate. If on the other hand the policy is with a non-mutual insurance company and the policy was written in trust to the girlfriend, the trustees will have to pay out to her. Show the document to a solicitor with expertise in these matters.

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