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Legal matters

Ex has changed joint life insurance policy

6 replies

Mummikins11 · 10/09/2017 09:25

Not sure if I'm looking for advice or just need to vent but here goes.

Took out joint life insurance in 2002, we separated 2013 and our divorce is nearly final. I kept up the payments on the joint policy so our children would be protected. We changed to policy to an Absolute Trust about 18 months ago. I found out yesterday that my ex has tried to change the policy and when he was told he couldn't he told the insurance company that he didn't sign the Trust application, (which is a lie). The insurance company have now cancelled the Trust and reverted it back to a normal joint life policy which means if anything happens to me, he will get the payout. Had a blazing row with him over it and have also complained to the insurance company, as they never told me he tried to change anything.
I just don't understand his thinking. I paid the premiums, it cost him nothing to have our children protected if/when one of us dies. I'm worried now because I can't get the same level of cover for the same cost and if the insurance company won't reinstate the Trust, I'll have to cancel the policy to make sure he doesn't benefit. And just to clarify, I have no confidence that he would do the right thing and pass the money on to the children.

OP posts:
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RedHelenB · 10/09/2017 11:10

But on the plus side if something happens to him then you get the payout.

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MovingOnUpMovingOnOut · 10/09/2017 11:15

Presumably the trust documents were witnessed?

I don't understand how the insurance company can change it back and would make a complaint to them.

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Mummikins11 · 10/09/2017 11:34

Yes, it was witnessed and he signed it in front of me as well. I have complained to the company and they're going to investigate. I don't know who I'm more angry with, him or the insurance company for falling for his lies.

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valeinoyikbuno · 10/09/2017 14:10

Where is the trust document he signed?

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Mummikins11 · 10/09/2017 14:26

I have the original, the insurance company returned it once they had done whatever they needed to do with it.

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Ilovetolurk · 12/09/2017 23:00

If it is a legitimately signed trust deed it cannot be cancelled as such by the insurer. What is probably happening is that they are not recognising it based on the claim by your ex

If a claim were to happen the trustee would contact the insurer and if the insurer refused to pay to the trustee, the trustee could take legal action to enforce the payment

Obviously subject to proving the trust deed is a valid document which if you have witnesses you can hopefully prove

Alternatively there may be provisions in the trust for if a trustee no longer wishes to act which could make it ineffective which could scupper you too

You could do with technical advice based on the provisions of your particular deed

Try the insurers technical department if no one else comes along with more help

Is it too late to build in something to your divorce order to recognise the trust, again better minds than mine could advise on this

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