How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: UK Law
Satisfied Customers: 33323
Experience:  family solictor with 25 years experience
13262538
Type Your UK Law Question Here...
Clare is online now
A new question is answered every 9 seconds

My late husband had two endowment policies which matured

Customer Question

My late husband had two endowment policies which matured which were jointly held with his ex-wife. Under the terms of their divorce agreement these should have been assigned to him but she never signed them over.They were arguing about it before he died. She has claimed these endowment policies despite the insurance companies being advised these were his and nominating me by letter as recipient. Do I have any recourse to reclaim them from her?
Submitted: 1 year ago.
Category: UK Law
Expert:  Clare replied 1 year ago.

Hi

Thank you for your question

My name is ***** ***** I am sorry for your loss

I shall do my best to help you but I need some further information first.

Do you know if there was in fact a Financial Order which was sealed by the court dealing with this?

Customer: replied 1 year ago.
There is a financial agreement which was submitted to the court but I don't know whether a financial order was made. They didn't use a solicitor for the most part
Expert:  Clare replied 1 year ago.

When was that done?

Customer: replied 1 year ago.
2003. I have a draft of the financial agreement as well with his ex wife's notes on clearly stating the two endowments were my husbands
Expert:  Clare replied 1 year ago.

Have you contacted the court to check if the Order was actually sealed

Customer: replied 1 year ago.
It won't let me put in my full number, it's xxxxxxxxxxxxx
Expert:  Clare replied 1 year ago.

Have you asked the Court if the Order was made?

Customer: replied 1 year ago.
I'm waiting for the central court to respond to me as I don't have a case file number
Expert:  Clare replied 1 year ago.

Do you have a copy of the Decree Absolute?

Customer: replied 1 year ago.
No, I was advised that the decree absolute would not contain the relevant information when I rang the central court and sent a letter to the financial section at central court asking for their advice.
Expert:  Clare replied 1 year ago.

May I just check which part of the Uk you are in?

Do you have anything at all with the Court number on?

Customer: replied 1 year ago.
Not a thing but understand I can get this from the central court. I'm awaiting their response to my letter.
Expert:  Clare replied 1 year ago.

Which part of the Uk are you in?

Customer: replied 1 year ago.
Huntingdon Cambridgeshire
Expert:  Clare replied 1 year ago.

Do you have a copy of the Decree Absolute?

Customer: replied 1 year ago.
No Clare, I have nothing other than a copy of the financial agreement.
Expert:  Clare replied 1 year ago.

Does that have a number in the top right hand corner?

Customer: replied 1 year ago.
No Clare, you have asked me this before, I have nothing with any numbers on, I don't have the case file number
Expert:  Clare replied 1 year ago.

Yes you did say

This troubles me. Do you mean that it is simply a list of who gets what?

Customer: replied 1 year ago.
It is a financial agreement of who gets what that is witnessed by someone, presumably the solicitor who drafted it.
Expert:  Clare replied 1 year ago.

What does it say at the top/start?

I am concerned about whether or not this was in fact a binding agreement

Customer: replied 1 year ago.
Well its what the insurance companies have asked for. See attached document.
Expert:  Clare replied 1 year ago.

If it was turned into a Court Order then you can sue his ex for the funds as they belong to the estate of your late husband.

My major concern is that this was NOT turned into a Court Order.

I suspect this as the wording tells me that a solicitor was not involved at that stage.

If it was not turned into a Court Order then you will struggle to recover any monies as she was entitled to the funds and you cannot bring a posthumous claim on his behalf

I hope that this is of assistance - please ask if you need further details

Related UK Law Questions