Court order to force end of joint life insurance?

[Ratherhaveacupofteaandabiscuit]

Can any solicitors please advise me on the legal route to end a joint life insurance policy which my ex husband is continuing against my will?

We divorced several years ago with a clean break agreement but for various reasons this policy (which has no surrender value) was not considered.

I originally took out the policy, which pays on the first death, back when we first got married and I paid all the premiums.

The beneficiary cannot be changed and the policy cannot be cancelled without his consent which he will never give because
he knows I now have stage 4 cancer so he is wanting the inevitable payout.

The insurance company is sympathetic but says their hands are tied.

The financial ombudsman says they cannot even investigate my complaint without my ex-husband's consent because he is named on the policy.

Is there some sort of court order which could force my ex-husband to agreeing to end the policy?

I have tried just stopping the monthly direct debit but he took it over.

It feels like he is actively investing in my death and I do not want him to profit.

This is a man who took a lot of money from me during our marriage and then wanted even more in the divorce.

He had an affair with my best friend when I was first diagnosed with cancer.

I think he has taken enough from me.

I think you are unable to do anything.

The 'advice' from AI above is utter rubbish.

Anyone could own the policy (if the pair of you transferred ownership) and benefit from your death.

Insurable interest is only needed at policy inception and after than anyone can be the owner.

If the policy isn't written under trust I presume he will get the proceeds (check to see how this is worded).

If under trust I presume you are both trustees so you can't change beneficiaries as you'd need both of you to agree.

If it's joint life, first death, perhaps you could arrange a little accident for him...

But seriously, I am afraid I agree with the poster above: you are unlikely to be able to achieve what you want, so it is not worth expending your precious time and headspace on. Write it off and move on.

I would arrange to go to the Press and shame him. This could be done by you or be done by a friend or representative if you don't make April 2031.

Believe me he has no shame.

He has done other things to other women throughout his life. No woman he has a relationship with comes out unscathed.

He has never been faithful to anyone and he also profited from his first wife financially to detriment.

He even ripped off his own parents who now have no contact with him.

He is now onto his third wife. Undoubtedly her time will come too.

He never feels guilt or self doubt. He compartmentalises his thinking.

I have often thought that if he wasn't such a coward physically with other men he would have made an excellent spy because he is incredibly charming, is a fantastic liar and has no conscience.

I think reading all the suggestions I will just have to go straight to a solicitor because it is a complex issue.

By the way, not interested in killing myself as suggested and also, as already said, not interested in ignoring the issue. I have tried to do so but I know it needs sorting because I hate injustice and this just is not fair, and is morally wrong.

This is part of getting my affairs in order, an important part and I can't rest till I am certain I have tried my very best to put it right.

Leave it a few months. Then get someone you mutually know to let slip you’re in remission….

Book an appointment with a specialist solicitor.

As you are a retired nurse either are you still/were you a Union or RCN Member could they help?

In the same vein there are various charities that provide support for current and former nurses might they help?

@Ratherhaveacupofteaandabiscuit I hope you saw the humour in killing yourself post, am sure it was light hearted. Not everyone wants to slaver sorrow over a complete stranger.

I was i admit skeptical about the direction of your anger, and was concerned about where your focus was.

but having followed this thread, i would say if i were in your shoes i would have the same attitude.

I would find a way to speak to an expert in this field of family law and think you might have a case.

As he did not pay in to this policy. For who knows how long, and it should have been part of your divorce settlement.

keep on living as long as you can, i think that is what we all have to do.

Also check your house insurance as that often has legal fees assistance.

i suspect though, as you have nothing ti gain and a lot of ££££ in legal fees to lose, you may struggle to find a solicitor to fight it.

If he were such a bastard as you described, why on earth did you get involved with him???
At the end of the day, you chose to take out this policy, and it wasn’t included in the financial order upon divorce. If he did agree to signing his rights away, who would have benefitted? Certainly not you as you’d either have stopped paying and as a result the policy would have been cancelled, or continued paying and the result would be you’d have less income and someone else would benefit financially from your death. This policy which you say you took out 20+ years ago will likely be either a policy which pays out a fixed amount for a fixed premium, or an inflation linked policy with an inflation linked premium. If it were the first, it’s likely to be worth less that it was when you purchased it in real terms. If the latter it would be worth more but also costing you more.

Golly you have a useful none legal opinion that is so very helpful. NOT

Agreed.
I think this person wins the prize.

No advice OP, except to seek legal advice.
Just wanted to say, I completely understand you wanting to do this, the man is totally shameless. I hope you succeed, and then outlive him.

Wow I really wish I was a lawyer right now . What an absolute scumbag.

I can't see anyway forward. Did you get legal advice before instructing a solicitor to write the consent order? If so, didn't they raise concerns over the joint policy?

The only way would be to challenge in court, but how is likely the issue. A clean break is exactly that and the fact the policy was left out from the consent order would be deemed your error.

I sooo feel for you OP. It's so hard to decide how much to spend/save on solicitors costs during divorce, it's not your fault this was not considered.

Honestly this
You are spending the rest of your life giving him headspace if it had been the other way round you would have benefited , it's one of those things. It's not costing you anything now so I would just leave it and haunt him

It's also a policy for him too. In the last week I have lost two very close friends unexpectedly, he may still go first noone knows what life has in store, but I definitely wouldn't be giving this any more headspace

IANAL but what’s legal and what’s right don’t always align. Often people can’t get justice.

Have you got all the details from when you took the policy out? Is there any chance that there was a mistake made at that point. Might it be easier to find a way to show the policy was set up incorrectly that to change it now. Maybe your ex said he never smoked when he did or something like that?

I do wish people would read the whole thread including my answers before offering the same suggestions which have already been shown as not pertinent by information given.

Also, my question was posted in Legal and my opening post specifically asked if any solicitors here could advise.

If I had wanted opinions on whether I should “move on”, kill myself to avoid the policy paying out, travel back in time to avoid marrying him in the first place etc I would posted in AIBU.

As said, I will now contact a solicitor but if any solicitors happen to see this thread I would still very much appreciate their advice.

@CuteHANDBAG you are quite right, the law and what is morally right is not always the same thing at all and if the law says I can do nothing then so be it but I want to know that for a fact before I allow this man to profit from his parasite like behaviour once again.

His first wife died very unexpectedly last month and this is partly what is spurring me on.
He ruined her life and I had planned to leave her some money in my will to try and make up for the damage he did to her financially.
I never expected to outlive her so I feel I am doing this for both of us now.

It's an industry I used to work in.

I don't think you can do it.

There is an entire industry in buying and selling life policies with third parties paying premiums and collecting death benefits.

Look up Life Settlement Funds.

If people were able to cancel those policies the industry would not exist.

What? Term assurance policies can be cancelled all the time, they have no surrender value. You are talking about old style policies with an investment element

I wholeheartedly apologise for my post about a trip to Switzerland. It was indeed intended as dark humour and I'm sorry to have caused offence.

Nick Freeman is ' Mr Loophole ' solicitor. If he can't help he can give you a name.

He usually does celebrity driving but he may do other things.
Vardags is the high end divorce lawyers. Female owned.
Your house contents may have legal fees cover, mine does

You aren't understanding what I am saying.

There is an entire industry that exists where third parties take over policies, pay the premium and collect death benefits.

The original life assured can't cancel these.

Agree it must be awful to think of this, but it won’t affect you in any way, so you may find more peace by chalking it down to being one of those things we can’t change. Don’t waste a single second more thinking about it and enjoy the rest of your precious time.
Are you certain he wouldn’t agree a change of beneficiary eg to your child? Have you asked? Or an additional beneficiary?

Since you bought your own property I’m thinking you have house insurance- most come with legal cover and if yours does you can usually call the free legal advice line - however if I was you I’d put in the terms and conditions into chat gpt and tell it your dilemma to see if it can suggest a way out