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daughter split with partner, 2 endowments matured joint polices, first paid out no problem partner signed money equally split. 2nd smaller endowment ex refuses to sign forms saying you wont get the money, insurance company say there is nothing they can do in spite of fact that same account numbers etc apply, told her to seek legal advice which she cant afford, can you advise
Optional Information: Province/Country relating to question : Simpson Already Tried: daughter has tried reasoning with ex partner,and had unhelpful discussion with insurance company on telephone.
1. In this instance, your daughter simply starts an action against her ex partner and then simply get a court order compelling the insurance company to pay the monies into court to the credit of the action. A court will then simply divide the monies and bring the endownment policy to an end. Once your daughter's ex partner realises what will happen, then a settlement will most likely be reached. Accordingly, I would advise your daughter to speak with a solicitor and get him to write pre action letters to her ex partner. Get the solicitor to work on a contingent fee basis, as there are monies there that have to be divided. Agree the fees in advance. If the case goes to court be aware that an award of costs will be made in your daughter's favour. So there is little downside.
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Experience: Barrister 17 years experience