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Legal matters

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Life insurance

2 replies

mumzy7xx · 22/01/2025 16:44

Back story.
My partner passed away. We have a 2 year old DD together. Not married but lived together past 4 years. I believe he took a life insurance policy out as he told me if anything was to happen me and DD would be ok. MIL and BIL said they were taking care of everything so I gave them all the documents. I understand our daughter would be his beneficiary and the mortgage would be paid off with some left in trust for her. He’s died in testate and his mum his next of kin. The situation has become contentious to say the least. However I’ve been told they have no update in the last 6 weeks but she told me yesterday she’s seen a document that my late partner has named his mother to be his beneficiary. And she is infact not going to pay the mortgage off. And instead put all money in trust for her until she’s age 25. I have no idea if these documents she’s seen exist but apparently he’s also mentioned it’s for the upbringing of his children. I know for a fact he would want us to stay in this house it’s our home. And with the security of that I would be able to give DD best possible upbringing here and she would take over once she’s 18. Can she really sell it if she’s beneficiary even if his DD is living here? Just to note this was a sole mortgage in his name alone. Thanks for reading I am seeking legal advice when I’ve seen concrete proof as we have still not even received his PM or death certificate. Thank you

OP posts:
ComtesseDeSpair · 22/01/2025 20:57

If he named you as the beneficiary on his life insurance policy then you are the person the policy pays out to - his parents can’t override that, unless they can provide evidence that you are dead, or of a will that expressly recounts his naming of you as a beneficiary. What documents did you have that you gave his parents? Was one of them relating to his life insurance? If so, can you remember who it was with? You can contact the provider and ask who the named beneficiary of the policy is.

Regarding his property, you’re going to require a solicitor to pursue this, particularly if his parents are being obstructive. If he died intestate (without a will) then his daughter will legally inherit the property, held in trust until she is 18, and the right to live there; but obviously if the mortgage cannot be paid, the beneficiary of his life insurance is not you, and the beneficiary of the life insurance does not want to pay off the mortgage, the property would need to be sold, and the proceeds held in trust.

If he had a will and has left his property to his parents, then you can challenge the will on DD’s behalf under the Provision for Family and Dependants Act. This could include you being granted the right to live in the property with DD, although the same constraints around how the house would be paid for apply.

Unfortunately, what your partner told you about what he wanted is meaningless unless he actually named you the beneficiary of his life insurance or included you in his will. I’d also be prepared for the possibility of discovering that he may have lied to you about his decisions and beneficiaries.

Quitelikeit · 22/01/2025 21:45

Gosh op I hope he did name you as the beneficiary

Contact his pension provider too as you might be due his pension

Also look at bereavement allowance as you will be entitled to that too

A good bet would be to look at his bank statement to find out the names of his insurance company etc

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