Question(s) about Life Insurance Flexible Trust Deed

confusedmummy

I have a life insurance policy and have a Flexible Trust (deed) to accompany it. Over Christmas I was going through my papers and I noticed that my brother's partner (they are not married) signed as a witness. My mum was the other witness. Neither of these people are named Trustees, Settlors or discretionary beneficies of the Trust, however, I am confused about the wording which has worried me. In the section where the witness has to sign the wording states "Please ensure all signatures are witnessed by an independent person" and "witnesses must be an adult and not someone already named in the Trust nor their spouse or civil partner".

My concern is whether the witnesses (my mother and my brother's partner) would be classified as "independent people" (there is no definition) and whether my brother's partner would be classed as his spouse, even though they are not married?

What would happen if these witnesses are not acceptable? Would it make the Trust null and void?

Also, if I need to redo the Trust with other witnesses, can I just do a new Trust or are there any other things I need to do?

Weighty1

If in doubt get legal advice!

However, the statement "witnesses must be an adult and not someone already named in the Trust nor their spouse or civil partner" is an explanation as to who an independent person is so your brother 's partner should be fine.

Has the trust already been sent to the insurer and been registered alongside your policy? If yes, then you can't simply replace the existing trust. If not, then you could simply tear up that trust form and replace it using a new form were you use alternative witnesses, such as friends or neighbours.

confusedmummy

Weighty1 wrote: »

If in doubt get legal advice!

However, the statement "witnesses must be an adult and not someone already named in the Trust nor their spouse or civil partner" is an explanation as to who an independent person is so your brother 's partner should be fine.

Has the trust already been sent to the insurer and been registered alongside your policy? If yes, then you can't simply replace the existing trust. If not, then you could simply tear up that trust form and replace it using a new form were you use alternative witnesses, such as friends or neighbours.

Yes, the completed Trust form was sent to the insurance company when I set up the insurance policy.

So my mum would be ok as an "independent person" too (she is not a beneficiary, trustee or settlor, just a witness)? It is a bit unclear what classifies as a spouse in legal law. I presume it would mean a married couple but who knows. I can't afford to pay out for legal advice right now.

Weighty1

A spouse would either be a married individual or someone who in a formal civil partnership. The law does not recognize the "common law spouse".