Life insurance can a surviving child make a claim?

electric_comperella

Hi all,

Quick enquiry on behalf of my partner.

His father died while estranged from his mother for several years, they were still married so his mother is the sole beneficiary of the life insurance policy,

but refuses to claim on it for moral (IE they weren't together for years)

and

 tax purposes (she is still a workig taxpayer and worries of the implications on her tax for the duration and beyond).


Does anyone know if my partner would become eligible to claim this money?

Either now or after his mum passes? (This isn't something we want to think about, but I'm concerned his needs weren't taken into account as his father did not anticipate his passing so early.

Thanks in advance.

[Deleted User]

No.        

Nearlyold

Who dealt with your partner's late father's estate & was there a valid will?
Do you mean the Mother would inherit under the Intestacy rules or a Will or was the life policy written on a life of another basis. Does your partner have siblings?

dunstonh

His father died while estranged from his mother for several years, they were still married so his mother is the sole beneficiary of the life insurance policy,

Life assurance policies do not have beneficiaries unless they are placed in trust.  If they are not in trust, they are paid to policy owner (or surviving policy owner). There is a range of scenarios on who gets the money depending on how the life assurance policy was set up (single life, life of another, joint life first death, joint life second death and then whether it was in trust or not and what type of trust it is).

but refuses to claim on it for moral (IE they weren't together for years)

It is a requirement to inform the insurer of death.

Whoever is dealing with the estate would normally deal with any life assurance policies and pensions as well.

 tax purposes (she is still a workig taxpayer and worries of the implications on her tax for the duration and beyond).

Life assurance is paid out tax free.

electric_comperella

Nearlyold said:

Who dealt with your partner's late father's estate & was there a valid will?
Do you mean the Mother would inherit under the Intestacy rules or a Will or was the life policy written on a life of another basis. Does your partner have siblings?

No will, it was inheritance under intestacy rules.
His father had no other children, but Hsi mother has had 2 subsequent children (partners half siblings)

Nearlyold

Ok so no Will, who dealt with the estate, do you know how much was in the estate and how much was/is the life policy for.

Keep_pedalling

electric_comperella said:

Nearlyold said:

Who dealt with your partner's late father's estate & was there a valid will?
Do you mean the Mother would inherit under the Intestacy rules or a Will or was the life policy written on a life of another basis. Does your partner have siblings?

No will, it was inheritance under intestacy rules.
His father had no other children, but Hsi mother has had 2 subsequent children (partners half siblings)

Were her morals in the same place as far as his estate was concerned, and passed any inheritance she got to his children? 

Why do so many idiots in this situation fail to make a will?

electric_comperella

Nearlyold said:

Ok so no Will, who dealt with the estate, do you know how much was in the estate and how much was/is the life policy for.

His common law partner dealt with the house (bought jointly) and with their joint bank account.
She did approach the estranged mother/wife about the life insurance policy also, but didn't get anywhere with it.

The life insurance is circa 30k...house was around £100k 

electric_comperella

Keep_pedalling said:

electric_comperella said:

Nearlyold said:

Who dealt with your partner's late father's estate & was there a valid will?
Do you mean the Mother would inherit under the Intestacy rules or a Will or was the life policy written on a life of another basis. Does your partner have siblings?

No will, it was inheritance under intestacy rules.
His father had no other children, but Hsi mother has had 2 subsequent children (partners half siblings)

Were her morals in the same place as far as his estate was concerned, and passed any inheritance she got to his children? 

Why do so many idiots in this situation fail to make a will?

As far as I know she sought (and took) nothing from th estate as she didn't feel entitled. I on the other hand feel my partner should have been looked after.

dunstonh

The life insurance is circa 30k..

So, who owned the life assurance policy?  Was it in trust?  Has the insurer been notified?

electric_comperella

TELLIT01 said:

electric_comperella said:

Keep_pedalling said:

electric_comperella said:

Nearlyold said:

Who dealt with your partner's late father's estate & was there a valid will?
Do you mean the Mother would inherit under the Intestacy rules or a Will or was the life policy written on a life of another basis. Does your partner have siblings?

No will, it was inheritance under intestacy rules.
His father had no other children, but Hsi mother has had 2 subsequent children (partners half siblings)

Were her morals in the same place as far as his estate was concerned, and passed any inheritance she got to his children? 

Why do so many idiots in this situation fail to make a will?

As far as I know she sought (and took) nothing from th estate as she didn't feel entitled. I on the other hand feel my partner should have been looked after.

Adult children have not right to be 'looked after' unless they have been dependent on the person who died, and that does no appear to have been the case.  If the mother wants nothing from the estate that needs to be accepted by her child.  In the situation highlighted above, I (as the mother) would be inclined to claim and then give the lot to charity.

No mention has been made anywhere about the thoughts of the actual child involved.  This is more about an unaffected 3rd party seeing a windfall slipping through their fingers.

Thanks for your insight, I am financially independent of my partner so their income or receipt means nothing to me personally. So you're way off the mark.

The issue I have is when a person pays money to a business for their entire working life and some big corporation gets to benefit when the people who the deceased loved do not.
So please if you have nothing constructive keep your misguided opinions to yourself.