Complicated Life Insurance Situation

shauniebabe

Well people might think this isnt complicated but its not something I would normally deal with so wondering if anyone has any advice.

Long story short Mother in law had a longterm partner who took her for tens of thousands of pounds with the promise that he would pay it back.  She was diagnosed with early onset dementia 10 years ago and lost capacity in a very short time and was in a care home from 58 years old, of course being the upstanding bloke he was he bogged off the day she got a cancer diagnosis....slipped in and out of her life for the year before she got diagnosed with dementia and then the day she was diagnosed just dumped her on the same day and never saw her again.

Fast forward to 2 months ago and we get a letter that hes passed in the january and his life insurance beneficiary is the mother in law however at this point she is on end of life.  She sadly passed away last week.

After taking legal advice 2 months ago we were told the life insurance is now hers and part of her estate so not to worry and theres no time limit for claiming it as the family of the deceased would have to prove she had passed before they could claim.  Plus if claimed at that point it may possibly stop an end of life chc claim.  

Im now sorting the estate and on contact with the life insurance company im stuck because I cant provide the policy holders date of birth to pass security (i cant speak to his family because we dont know them) but its alluded to that the family have already claimed saying that my mother in law had died.  

All im looking for is clarity that the policy would be part of the mother in laws estate as she outlived him and is the sole beneficiary named (as per legal advice) and what would happen next if they have paid it out as part of his estate whilst the mother in law was alive.  

Thanks in advance

gwynlas

Have you tried a search on Ancestry.com you have his name and approximate date of death which might be sufficient.
Otherwise if you have an idea of where he was born you could check birth registers

poseidon1

shauniebabe said:

Well people might think this isnt complicated but its not something I would normally deal with so wondering if anyone has any advice.

Long story short Mother in law had a longterm partner who took her for tens of thousands of pounds with the promise that he would pay it back.  She was diagnosed with early onset dementia 10 years ago and lost capacity in a very short time and was in a care home from 58 years old, of course being the upstanding bloke he was he bogged off the day she got a cancer diagnosis....slipped in and out of her life for the year before she got diagnosed with dementia and then the day she was diagnosed just dumped her on the same day and never saw her again.

Fast forward to 2 months ago and we get a letter that hes passed in the january and his life insurance beneficiary is the mother in law however at this point she is on end of life.  She sadly passed away last week.

After taking legal advice 2 months ago we were told the life insurance is now hers and part of her estate so not to worry and theres no time limit for claiming it as the family of the deceased would have to prove she had passed before they could claim.  Plus if claimed at that point it may possibly stop an end of life chc claim.  

Im now sorting the estate and on contact with the life insurance company im stuck because I cant provide the policy holders date of birth to pass security (i cant speak to his family because we dont know them) but its alluded to that the family have already claimed saying that my mother in law had died.  

All im looking for is clarity that the policy would be part of the mother in laws estate as she outlived him and is the sole beneficiary named (as per legal advice) and what would happen next if they have paid it out as part of his estate whilst the mother in law was alive.  

Thanks in advance

Get a copy of the death certificate, dob is incorporated thereon -

https://www.gov.uk/order-copy-birth-death-marriage-certificate

You are correct that the proceeds are part of your mother's estate so the sooner you start the formal claim the better.

If the deceased's family have had a payout as result of a fraudulent declaration, then cross that bridge with your legal advisor. 

TELLIT01

Send a copy of the death certificate to the insurer.  State that you have been led to believe that his family has stated that she died before him, and that is not true.  Ideally work through a solicitor as they are more likely to listen to them.