Probate and Swinton Personal Accident claim

langlv

My husband died in an accident in 2013. After a lengthy process Swinton paid out my claim on my husband's personal accident policy. When he took out the policy over the phone I am certain my husband asked for me (his common law wife at the time) to be the beneficiary in the event if his death. However there is nothing in the scant policy paperwork to indicate this. I asked for confirmation from the underwriters Covea: for a letter to state that the sum was paid to me but they have replied saying the sum was paid to me 'as the sole administrator'. Since my husband left no Will, without such proof the sum goes to the Estate. Any advice on how to approach this?

kingstreet

The benefit belongs to the estate, not to you as an individual.

You can't tell an insurer to whom the benefit should/will be paid unless you write the policy in trust. If that doesn't happen the benefit is paid to the estate and the estate proceeds would be distributed according to the intestacy rules, if no will was left.

Presumably you are taking the role of Administrator? This is similar to Executor where there was a will. You will account for the estate assets and liabilities and the Probate Office will grant you Letters Of Administration to distribute the estate.

More here;-

https://www.gov.uk/inherits-someone-dies-without-will

and here;-

http://www.adviceguide.org.uk/wales/relationships_w/relationships_death_and_wills_e/who_can_inherit_if_there_is_no_will___the_rules_of_intestacy.htm

Quentin

Langlv wrote: »

Since my husband left no Will, without such proof the sum goes to the Estate. Any advice on how to approach this?

Don't panic.


You will still get the inheritance - from the estate you are going to get the first £250,000 plus half of the remainder over £250000 (You get all of it if there are no children/grand children alive)

*Robin*

Sorry for your loss, Langlv.

Langlv wrote: »

When he took out the policy over the phone I am certain my husband asked for me (his common law wife at the time) to be the beneficiary in the event if his death.
..............

Since my husband left no Will, without such proof the sum goes to the Estate.

Langlv, were you legally married at the sad time of your DH's death?

rs65

kingstreet wrote: »

You can't tell an insurer to whom the benefit should/will be paid unless you write the policy in trust.

Can a PA policy be written in trust?