Insurance trust / will

destroyer1979

My mother died 15 years ago leaving everything to my farther, if that failed it comes to me.

My farther died recently and left everything to his partner.

My farther had a life insurance policy which was in trust to my mother and was never updated when she died, there wasn’t a contingent beneficiary, does that money now come to me as stated in her will or form part of my father’s estate and goes to his partner?  

I have spoken to the insurance company but the lady on the phone didn’t know and said someone would write to me to confirm. 

Keep_pedalling

My understanding is that if the beneficiary of a insurance policy trust dies then any payout goes to contingency beneficiaries and if there are none it falls back to the policy holder’s estate.

destroyer1979

Thanks for your reply, I have just read this which would suggest the opposite, there does seem to be conflicting information on the internet 

destroyer1979

The insurance company have confirmed that the policy has been left in absolute trust to my mother and should form part of her will / estate which means the payment should be made to me however they are insisting that my farthers partner should sign a letter to confirm the payment to me as she is an executor on his will but she will not provide the letter, any ideas what I can do and possible outcomes? Thanks 

Marcon

destroyer1979 said:

The insurance company have confirmed that the policy has been left in absolute trust to my mother and should form part of her will / estate which means the payment should be made to me however they are insisting that my farthers partner should sign a letter to confirm the payment to me as she is an executor on his will but she will not provide the letter, any ideas what I can do and possible outcomes? Thanks 

'An executor' or the only executor?

Malthusian

destroyer1979 said:

The insurance company have confirmed that the policy has been left in absolute trust to my mother and should form part of her will / estate which means the payment should be made to me however they are insisting that my farthers partner should sign a letter to confirm the payment to me as she is an executor on his will

I'm a little dubious that the insurer is correct on that front; if it was dealt with in the same way as her estate, it would go to your father's estate, and from there to his partner. I won't however question the insurance company on that point as I'm not sure enough of my ground, especially as we haven't seen the Trust Deed. 

The part that definitely doesn't make any sense is: where does your father's executor come into it? If it's part of your mother's estate, and therefore comes to you under her Will as your father is deceased and you were the backup beneficiary (taking the insurer's statement at face value), then surely it would be your mother's executor(s) who would need to sign anything.

If the father's estate does not inherit the money it's nothing to do with the father's executor. If it is the business of the father's executor then it follows the Will she is executing, i.e. it goes to her. I'm not surprised she's refusing to sign, either it's none of her business or you don't get the money.

Are there any executors of your mother's Will still living and able to act?

I would point out the above to the insurer and ask them to confirm in writing that you are entitled to the funds and what they need to pay it out. If your mother has no executors still living or able to sign, explain that to them as well.

destroyer1979

Thanks for you comment, my self and dads partner and the executors of his will, my dad was sole executer of my mothers will, if that failed I was the executor, I have no idea why they need my dads partner to sign to confirm the money comes to me as it has absolutely nothing to do with her or his estate, it’s very strange but they are insisting on a letter from her confirming to pay me, I’m not sure what to do next. 

poppystar

Definitely contradictory information on that letter since they say it does not form part of Mr estate but that of Mrs but still ask for signatures from Mr’s executors. I would query this and ensure that they are asking for signatures and payment details for Mr’s estate and that it isn’t a typo and should read Mrs at that point. 

Malthusian

Has the Pru confirmed in writing that you are entitled to the funds? It doesn't say that in the screenshot posted.

By the way, we can read all the personal names in that letter apart from yours, so you may want to remove it and re-post with the names either covered by post-its or electronically censored in black.