Life insurances

[mumzy7xx]

This might be a little long winded so please do bear with me on this and I have scheduled an appointment with legal advisor for next week.
My partner and father of my child died suddenly just over 5 weeks ago. He had took out a life insurance policy. I believe in this he has stated this if for ‘the upbringing of his children’. I have not seen this document as his family are taking care of everything. He has no Will. And I believe his mum is his next of kin. There has been disagreements over me having his personal belongings back ect and told me we are to ‘negotiate legally’ and to not be asking for this that or the other and has given me the impression that this is all for her to sort out as she is his next of kin but she will make sure our DC has everything that is hers. All of my partner’s belongings worth of value (he had van full of tools) has been took and kept with them. I’ve no idea how any of this works. Do you think I need to contact the life insurance company myself? Will he have put a beneficiary or who is to deal with all of this? Because we was not married is this just for my MIL to sort out and take care of putting XY in to a trust for my child? The whole thing is just a mess and I’ve really no clue where to begin or what I’m supposed to be doing but I just want to ensure my child has everything that her dear dad had left for her. I understand this is probably a legal matter hence why I am going to be seeking some advice on this. Thanks for reading

Edit: apologies, I said DS instead of DD!
First of all I'm so sorry for your loss - it must have been awful. It’s unclear from your post if you were actually living with your partner. Your DS will be the sole beneficiary of his father’s estate - that includes all his possessions, tools, van, clothes, jewellery. Everything. They should not be doing anything with these things.
It may be that letters of administration will need to be applied for as he did not have a Will - it might be unlikely that the insurance company will pay the beneficiary without this. Here’s the order of who can apply:

*f there is no valid will, and you are the next-of-kin, you can apply to be an administrator in the following order of priority:

1. you are the married partner or civil partner of the person who has died
2. you are the child of the person who has died
3. you are the grandchild of the person who has died
4. you are the parent of the person who has died
5. you are the brother or sister of the person who has died
6. you are the nephew or niece of the person who has died
7. you are another relative of the person who has died.

If you're an unmarried partner, or same-sex partner who has not registered a civil partnership and who has not been named in a will as an executor, you won't usually be able to act as an administrator*
As the mother of his child, you can also apply.

Regarding the Insurance policy, you need to know if there is a named beneficiary. If not, then it will most certainly be paid to your DS too. My advice to you is to contact a solicitor on your DSs behalf asap and ask for their advice - take your DSs birth certificate showing your DPs name as father.

@Soontobe60 thank you for your reply. Yes we was living together. My MIL seems to think this isn’t anything to do with me as she is his next of kin. And BIL has been dealing with the insurance company ect ect. I have not really been told much about anything. MIL seems to think she is responsible for sorting all of his possessions and estate regardless of the outcome of the insurance. I asked for one of his devices back for a keep sake for our DD and she had actually tried to say it was for another family member. So at this point I’m starting to question their intentions I know that sounds bad I’m sorry. My main priority is just my daughter having what is left for her. And if that means my MIL being the administrator then so be it as that won’t change any of the out come or do you think I should be applying for my daughters sake? And where do I need to take my daughter’s birth certificate to? Thank you for you Reply and information this is very helpful.

@Soontobe60 and sorry what does it really mean being the ‘administrator’?
my understanding of this is there is no will he’s set this insurance up for my daughter regardless if it pays or not whatever he has is for our DD so is it really necessary who is the one to sort this out?

The administrator is the person who looks after his estate, deals with any debts, collects anything owing to the estate and makes sure it is distributed in accordance with the rules of intestacy. Depending on the details of the insurance, that may not be part of his estate. That doesn't stop it going to your child, but it means the administrator has no involvement.

You need to talk to a solicitor.
Assuming you live in England/Wales, the next of kin is actually your child, so without a will your child should inherit everything, and I believe as parent of that child you can act on the child's behalf. https://www.gov.uk/inherits-someone-dies-without-will.

I would definitely drop an email to the insurance company to state that your partner has a child (name, date of birth etc, send copy birth certificate) and to ensure it pays out to your child NOT to BIL/MIL.

Take her birth certificate to the solicitor to prove she is the child of your DP.
Also, tell your DPs mother that she must return all his possessions to his home until such point as Probate (administration) is completed as all his possessions now belong to his daughter.
You are able to have control over any inheritance your Dd receives - a solicitor will talk you through this.

"He has no Will. And I believe his mum is his next of kin."

I totally agree with @Soontobe60 . His mum is NOT the "next of kin" when it comes to dealing with the estate.

The next of kin in this situation is your DD.

I presume she is under the age of 18, in which case you (as her parent) will act on her behalf.
.

"Also, tell your DPs mother that she must return all his possessions to his home until such point as Probate (administration) is completed as all his possessions now belong to his daughter."

Very much agree with this.

If you know details of the life company can you apply for a copy of the policy and who is the beneficiary.