Life Insurance - Wills

Andy_1234

Hi,

I couldn't find a sub forum for wills, so thought this might be the closest thing.

My wifes dad died at the beginning of the year (cancer), and she has just been told he had life insurance. She has been made the executor and is being sent the details through the post.

She knows her dad didn't make a will, so it's likely the 'estate' will be used to pay off the small debts he had and then given to the beneficiaries. She thought that she would automatically be one of them, along with his sisters and parents. However, there is no name under 'father' on her birth certificate. Does this mean she will not get part of the estate?

It's not the nicest of questions, I know. I certainly don't want it to seem like she only cares about money.... she would much rather have her dad alive.

Thank you for your help.

kingstreet

Is there's no will, she is the Administrator and is applying to the Probate Office for Letters of Administration.

Blood relatives are included as a beneficiary in the intestacy rules, which apply if no will is left.

Blood children, even if illegitimate, are the first line of beneficiary if there's no spouse, so she will inherit with any blood brothers and sisters.

http://www.adviceguide.org.uk/england/relationships_e/relationships_death_and_wills_e/who_can_inherit_if_there_is_no_will___the_rules_of_intestacy.htm

If her birth certificate does not name him her father, she needs to contact the Probate Office to establish what evidence she will need to obtain.

bouncydog1

What a shock for your wife with everything else to deal with. You mention that her grandparents are still living - is it something she could ask them or what about her mum?

Andy_1234

Thank you for the replies.

She only found out about it as one of her grandparents rang her to say a letter was sent to their house regarding the insurance. Her grandmother told the company that there was a daughter and they needed to contact her. After a bit more talking, it seems it's a Death In Service policy and the company are sending her a letter about it. I guess until she gets the letter she wont know exactly what she needs to do.

It's almost a year to the day her dad was diagnosed, so it's not the best of times anyway. It doesn't help that certain members of the family have heard about her possible inheritance and her putting pressure on her on where to spend the money. She might not even get anything yet. Beside which, she would much rather have her dad alive (she never really got to know him)

Her mum didn't put her dad on the birth certificate as she wasn't speaking to him at the birth, and wouldn't allow him to see his daughter. She only met him a few years ago after a long search and some family arguments.

I had heard that 'common sense' can be used by the underwriters when paying out on death in service. So maybe she doesn't have to provide as much proof. Her dads name is on our marriage certificate, which might help.

kingstreet

As Death In Service cover is written under irrevocable trust, it does not pass into the estate of the deceased. The Trustees will normally follow the nomination made in an Expression of Wish completed by the scheme member.

If no nomination was made, the benefit would normally be distributed among the deceased's children, in equal shares.

Andy_1234

kingstreet wrote: »

As Death In Service cover is written under irrevocable trust, it does not pass into the estate of the deceased. The Trustees will normally follow the nomination made in an Expression of Wish completed by the scheme member.

If no nomination was made, the benefit would normally be distributed among the deceased's children, in equal shares.

Thank you for the reply. No nomination was made and she as the only child. However, her dads name was not on the birth certificate

opinions4u wrote:

There is another section of the site that covers probate.

http://forums.moneysavingexpert.com/...ysprune=&f=217

Worth having a look round.

Thank you, I missed that section. Will have a look and maybe post on there.

kingstreet

As I said in the earlier post, the Trustees will have a method of establishing paternity. She needs to find out what it is.

If it can be used for both the DIS and for her to be sole beneficiary to the intestacy, she can avoid a bit of hassle.

More here;-

Establishing Paternity Where the Father is Deceased
In the event that a child is born out of wedlock, and the father is not identified on the child's birth certificate, by court order, or through a legally binding acknowledgement of paternity, it may be necessary to establish paternity following the death of the father. Even if the father supported the child in life, and had a relationship with the child, a government agency may require actual proof of parentage before extending survivor's benefits to the child. Similarly, if there is no provision for the child in the father's will, it may be necessary to establish paternity in order to obtain a share of the father's estate for the child as a "pretermitted" heir (an heir accidentally excluded from a will, often because the heir was born after the will was drafted).

In some cases, there will be access to the father's DNA, perhaps from a preserved tissue sample. Where the father's DNA is not available, it may be possible to compare the child's DNA to other close relatives of the father, such as the child's grandparents or the father's other children. DNA testing of close relatives can establish paternity with a high degree of probability, and will probably satisfy the needs of any court or government agency.

http://www.expertlaw.com/library/family_law/paternity.html#3

Andy_1234

kingstreet wrote: »

As I said in the earlier post, the Trustees will have a method of establishing paternity. She needs to find out what it is.

If it can be used for both the DIS and for her to be sole beneficiary to the intestacy, she can avoid a bit of hassle.

More here;-



http://www.expertlaw.com/library/family_law/paternity.html#3

That's very useful information, thank you.