Getting the money out of a life assurance policy

[ŁadnaPogoda]

My Mum had a policy with Aviva that pays out on her death. I’ve started doing the paperwork, and it seems never ending. Most of her bank accounts and investments just required the grant of probate, but this one has asked for:

Grant of probate
Notarised copy of the will
A copy of my bank statement from within the past six months showing a minimum of five days of active transactions
My ID

The form I have to send back also requires the signature of my mother’s siblings. She has one brother left and he is not a beneficiary of the will. The form says “the payment request form should be signed by all the living siblings with a common bank details for the payment.” I have called Aviva and they are adamant that her brother needs to sign and have told me that they won’t pay out unless the form has his signature. It won’t be a problem getting his signature, but I don’t see why he needs to sign something that has nothing to do with him?

Had she put the policy in trust with him as a trustee? I work in this area and thats the only reason I can think of.

interesting to hear I’m not the only one struggling with an Aviva policy my dm had, which was in trust. They have also told me it takes up to 20 days to respond to an email. I have found the staff helpful on the phone but the systems awful. I have raised a complaint and have had useful discussions with a member of th3 complaints team. Might be worth escalating.
@Toooldtoworry can I ask you if a solicitor is a trustee would you expect them to hold a copy of the trust on file? And would you expect Aviva to have a copy?

Thanks both. He’s not a trustee. The form asks for surviving parents, then children, then siblings.

I’ve added Aviva to my list of companies I never want to have anything to do with again. The other is Ovo, which automatically referred me to a debt company, despite my mother’s account being over £600 in credit. This, no doubt is due to the threatening letters they kept sending her, telling her she had to increase her direct debit as she was in danger of going into debt.

Truthfully I'd hope someone just putting their life insurance in trust wouldn't use a trustee due to cost, but they wouldn't necessarily hold a copy if they are unless they arranged the trust and not the insurance company.

@ŁadnaPogoda that sounds like they're going down the 'rules of intestate' route. Was there a will?

In truth if a life policy was in trust it should be fairly straight forward.

Ffs @thesandwich I meant wouldn't use a solicitor due to cost.

If solicitor arranges the trust I'd expect them to hold the copy and if direct with insurer I'd expect the insurer to hold a copy.

Aviva have been interesting after DF died
apart from issues with his ex-DW which I can’t exactly blame them for, it seems each part of Aviva is actually a different company, so my sending death certificate for one didn’t mean any of the other policies/bonds he had had been informed.

I too wouldn’t use Aviva again, each aspect has been tortuously slow, involving many phone calls, emails, secure email responses that needed saving printing or they ‘self destruct’ in 30 days

One of his life insurance with Reassure was something else when he took it out initially) was so simple though, one call, one form by snail mail and paid out. I would certainly use them again

Interesting, I needed to get my ID notorised, tons of paperwork nobody else asked for for my late DH pension policy. (Ironically I also had a policy with them) once id sorted it I swopped mine into another pension.

That does sound like they are asking for the information that would be required if there wasn't a will and an executor. Perhaps ask them to confront you have the correct form and if they say yes then ask to speak to someone who can explain why they require her brothers signature when he has nothing to do with the administration of the estate. Worth asking to speak to a manager if they can't explain what possible implication it could have for them if he didn't sign.

There was a will and I am the sole executor (and beneficiary, apart from two small bequests to the DDs). I will try calling them again today. The other company that are being difficult (but not as difficult as Aviva) is one where DM held a small number of shares.

IANAL but I spent many years working in life claims for another big company. The rules when I was there was that the grant of probate overrode the need for the Will or NOK details. If the policy was in trust then it would fall outside the estate and the grant/ will would be irrelevant.

it might be easier to just follow their stupid rules but they appear to be putting pointless obstacles in the way and it shouldn’t be allowed.

We also never required ID for the payee. But money laundering rules might well have changed by now but that also seems nuts.

The form that my uncle is supposed to sign gives all of the details of the policy, including the amount payable. I don’t think he is going to be difficult about this but equally it is none of his business.

I finally got hold of someone sensible at Aviva yesterday, and it appears to all be sorted. They said they didn’t need any of the documents listed or for my uncle to sign the form. They verified my ID, address and bank account on the phone and said the money would be in my account within five working days. They apologised that I had repeatedly been given wrong information and couldn’t understand why no-one had said to me that it could all be done on the phone. So hopefully finally sorted! Now to sort out the shares, the pension and the building society accounts!

I spoke too soon. Still no sign of the money…

This is ludicrous.

If I can assist in anyway please pm me.

@Toooldtoworry I’m going to give them until tomorrow and then chase it up.

Ok, if I can help in any way let me know

How odd!
It's a few years ago now but Aviva paid out really quickly after my dad's death.
Just had to send copy of will and death cert.
Is your uncle a trustee?

@user8800 he’s neither a trustee nor a beneficiary.

I chased it up. They apologised and said the money should be in my account by yesterday. No sign and nothing showing as pending. Will call them again tomorrow.

When you call them op I'd possibly suggest that your next call will be to the ombudsman. Particularly mention how distressing it's been dealing with their incompetence whilst trying to deal with the estate of your MOTHER!!

Skipton Building Society were an absolute nightmare when trying to sort out MiL's estate.
They were demanding that ALL beneficiaries had to get their signatures notorised. I ended up writing to the CEO to tell him that they only needed to deal with the executor, and any beneficiaries were none of their business. I offered to have our solicitor write to them. They eventually said that in this case they would make an exception and pay the funds to the executor.

@ŁadnaPogoda please put a formal complaint I'm writing to them. Can be email. You can't go straight to the ombudsman, but you can if they fail to resolve it to your satisfaction. Personally I am very disappointed in Aviva for their shoddy handling of your claim and it makes me not want to recommend them to my clients.

Oh dear. My pension is work Aviva. Sounds like I have got all this to look forward to.

Good luck OP

Different department (and possibly owning company).

I got a text yesterday that said the money had been sent and would be credited to my account today. No sign, and it’s not even showing as pending. Will give my bank a call and see what they say.