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JGM
JGM, Solicitor
Category: Scots Law
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Experience:  28 years as a practising solicitor.
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i my partner has a joint endownment policy with his ex wife

Customer Question

i my partner has a joint endownment policy with his ex wife which is about to mature. his ex wife signed the policy over to him but the insurance company state they have not received the final letter so according to their documentatjion it is still in joint names. My partner has a copy of the letter that his wife signed. Can you advise what he should no next?
We are in Scotland so it would be Scottish Law.
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thank you for your question.

A copy of the letter should be exhibited to the insurance company. They will then issue a new form for the ex wife to sign so that the proceeds are paid to your partner.

I presume there is an underlying Minute of Agreement whereby the ex wife has renounced the policy in any event.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 7269
Experience: 28 years as a practising solicitor.
JGM and 2 other Scots Law Specialists are ready to help you
Customer: replied 1 year ago.

hi, the insurance company do not have a copy of the minute agreement as they say they never received the copy. My partner has the original document. Do you think this will be enough evidence or will they have to go back to his ex wife?


 


 

Expert:  JGM replied 1 year ago.
Normally they want their own form completed authorising the insurer to pay the proceeds to the other party unless the original document that you refer to is a formal assignation of the policy. If it is an assignation then that should be sufficient intimation.
Customer: replied 1 year ago.

Hi, my partner and his ex wife both signed a 'Form of Request and Dicharge' and a 'statement of concideration' both of which were signed and witnessed by his lawyer. Do you think this informaion is sufficient?


 

Expert:  JGM replied 1 year ago.
Yes that is the type of document that the insurance company should accept.
Customer: replied 1 year ago.

you think that they should accept it and the payment will be made to my partner? Do you think they would have to contact his ex wife?

 

Expert:  JGM replied 1 year ago.
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Customer: replied 1 year ago.

the problem is that they said they never received the document from my partner and they have no copy of it. the form was signed 12 years ago and at no time did they send a letter to state it was never sent.

Expert:  JGM replied 1 year ago.
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Customer: replied 1 year ago.

we have the original - is that what you mean?


 

Expert:  JGM replied 1 year ago.
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