Life insurance can a surviving child make a claim?

electric_comperella

dunstonh said:

The life insurance is circa 30k..

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

The policy was in my partner's late father's name, with no named beneficiary.

The insurer is aware of his passing.

Nearlyold

electric_comperella said:

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.

All your partner can do is persuade his mother to formally revoke any entitlement to the life policy pay out in favour of him as next in line under the intestacy rules (assuming his father had no other "issue"). Whoever dealt with the Estate originally (assuming there was someone) could assist with this. Your partner can't "claim" the money himself without involving his mother.

dunstonh

electric_comperella said:

dunstonh said:

The life insurance is circa 30k..

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

The policy was in my partner's late father's name, with no named beneficiary.

The insurer is aware of his passing.

As the insurer was aware, then this is really taken out of her hands as they will look to close the claim down.
Also, as your partner's father was the policy owner and not in trust, the payment of the life assurance goes into his estate.   So, the executor of the estate has a duty to complete the administration and get this payment sorted.

Is the executor a professional or a family member?   Are they aware of this policy and their duties as executor?

Effectively, what I am saying is that this policy needs to be dealt with and paid out.   If the beneficiary from the estate doesn't want the money they are free to gift it to your partner or anyone else as they see fit.  They cannot leave it hanging in limbo though.