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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11449
Experience:  30 years as a practising solicitor.
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i my partner has a joint endownment policy with his ex wife

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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.
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 and other Scots Law Specialists are ready to help you
Customer: replied 4 years 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?



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 4 years 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?


Yes that is the type of document that the insurance company should accept.
Customer: replied 4 years 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?


No if that is the insurance company's form of document for transfer then they should accept it without having to go to the ex wife.
Customer: replied 4 years 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.

Unless there is a duplicate copy which the insurance company will accept, a new one may be required. You will have to check with the insurance company.
Customer: replied 4 years ago.

we have the original - is that what you mean?


Yes, normally the insurance company require the original. Either deliver it or send it guaranteed delivery.