Life Insurance - Executor must complete claim form

silverchoice

My father died recently and his will leaves everything to my mother. It’s not that complicated because he didn’t own any property or have anything else just in his own name.

However we are having trouble claiming on his Life Insurance policy because it says that an executor must complete the form. The executor in the will is a local solicitors. What’s the best thing to do?

Keep_pedalling

Unfortunately it sounds like the policy was not written in trust, which would have taken it out of his estate, so yes it is up to his executor to complete the paper work. Are the insurence company also insisting on probate being completed?

If probate is not required then the simplest solution is to ask the executor to complete the application, but if probate is required costs are likely to be substantial, so better to ask the solicitor to renounce their powers and apply for probate yourself. 

silverchoice

Keep_pedalling said:

Unfortunately it sounds like the policy was not written in trust, which would have taken it out of his estate, so yes it is up to his executor to complete the paper work. Are the insurence company also insisting on probate being completed?

If probate is not required then the simplest solution is to ask the executor to complete the application, but if probate is required costs are likely to be substantial, so better to ask the solicitor to renounce their powers and apply for probate yourself. 

If I ask the solicitor to renounce their powers and apply for probable myself can we complete the insurance claim form ourselves?

silverchoice

I rang the insurance company who said if I asked the solicitor to renounce their powers I would have to get probate before I could complete the insurance claims form.

Flugelhorn

if the insurance company want probate then one way or another you will have to get it 

silverchoice

Flugelhorn said:

if the insurance company want probate then one way or another you will have to get it 

They said they don’t need probate if the executor fills in the claims form.

Keep_pedalling

silverchoice said:

Flugelhorn said:

if the insurance company want probate then one way or another you will have to get it 

They said they don’t need probate if the executor fills in the claims form.

In which case I would get the solicitor to send off the forms. It will be quicker than you applying for probate, and I doubt it will cost more than the probate fee you will have to pay out. 

Brynsam

silverchoice said:

Flugelhorn said:

if the insurance company want probate then one way or another you will have to get it 

They said they don’t need probate if the executor fills in the claims form.

That answer makes no sense. If the solicitor renounces their powers, another executor steps in to take their place, so why would that impact on whether or not probate is needed? Have you double checked that the policy proceeds really do fall within the estate?