Life Insurance and probate 15 November 2022 at 6:15PM in Deaths, funerals & probate 5 replies 151 views

Teachers_pet

I have recently discovered my late mother held a life insurance policy - she passed 20 months ago and her grandchildren are the beneficiaries. My sis in law is executor but my son is seeking to have her removed due to maladministration. 
The insurance names me as default beneficiary, I am not in my late mothers will.
The insurance company are waiting for the grant of probate certificate, this has not yet been granted due to a cavaet  my son has issued on it.
My question is; 
Will the insurance become part of the estate, to be shared between beneficiaries? Can the sis in law keep it for herself (we knew nothing of the policy until I received notification that I am default beneficiary). My son (beneficiary) would rather it burn than go to her. We are reading conflicting reports . Help please.

p00hsticks

My understanding is that it depends on how the policy is written. If the payout is governed by trustees who have the ultimate say on who gets the money (although they'll give due regard to any expression of wished made by the deceased) then the payout falls outside the estate, otherwise inside. I suggest you ask the insirance company directly what the understand to be the case for this particular policy.

Teachers_pet

The insurance company said they were waiting on the grant of privateers releasing funds to the person obtaining the grant. This is the executor, who my son (beneficiary) is currently serving court papers on regarding due negligence. 

Teachers_pet

Apologies - the grant of probate before•

BooJewels

I wonder if the insurance company are holding out for Probate, because the executor has applied for the proceeds and they're not named in the expression of wishes - but as you are, could you apply for the settlement directly yourself instead?  I had a life insurance settlement from my late husband, as part of his pension payout - and didn't need Probate for that - as I was named as his beneficiary and he actually rang them shortly before he died to ensure that it was all in place.

Pennylane

We received insurance payout before it went to probate.

This could take years now there is a caveat placed on it by your son.  What evidence does he have that there has been “maladministration”?