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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33325
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My husband finalised his divorce before he married me in 2010,

Customer Question

My husband finalised his divorce before he married me in 2010, his ex agreed she wanted nothing more as she had already had a payout of £90000 from him.
He phoned to change his endowment policy to remove her , was given a new price, filled in new forms and duly posted to his ex for her to sign and forward to the company.
He assumed, as did I that this was done but never chased it up and company never contacted us to say they were waiting on anything.
My husband died in March and now the company are saying that can only pay out to his ex wife who had remained on the policy despite my husband requesting her removal, filling in forms at his end, despite knowing they were divorced and he had remarried,
can i do anything to stop this.....if in divorce she said she wanted nothing more then shoulnt that be enough.
Please help i am sick to my stomach that she could profit from his death
claire
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Was there a final Financial Order within the divorce proceedings sealed by the court?
Clare
Customer: replied 2 years ago.
No, they were deprecated for about 4 years before I met him. Mark did the divorce paperwork himself, his ex wife was a gambler and wiped out my husbands bank account, he also had to remortgage to pay her £90,000 to clear her debts before she left.
Nothing was stated in the divorce settlement, papers were filled in and duly sent to courts....his ex wife stated she didn't want any thing else but wasn't specific. All bills, mortgage etc in his name and the policy.
He took his own life two months ago, leaving me to try and sort all of this and he would be devestaed if he knew she could profit, even now from his death
Expert:  Clare replied 2 years ago.
Hi
I am so very sorry for your loss.
have you spoken to his ex about it?
Clare
Customer: replied 2 years ago.
No, we had nothing to do with her, mark sent forms to her and prepaid envelope for her to send to endowment company. I have no details for her, though I gather she is still local. Speaking to her as regards? I know realistically if she had wind of a £40,000 payment, she will gratefully take regardless of what she had already had off Mark and the effect financial matters had on him thereafter he had to remortgage
Expert:  Clare replied 2 years ago.
Hi
Is there any written evidence - anything at all - of the agreement that was reached?
Clare
Customer: replied 2 years ago.
Just the divorce statement saying she did not intend to apply to court for it to consider her financial position. The endowment preople have a record of XXXXX XXXXXing his policy to just him but as I assume his ex never forwarded the forms the policy remained I gather even though they know he was divorced and remarried. They did not contact us to say forms had not been returned and sadly my husband assumed it was done as did i. The letter that accompanied the form to send to his wife is no longer here as I assume mark had fine hid bit and didn't keep it as it just instructed him to sign and send to her.SHOULD THE ENDOWMENT PEOPLE HAVE CONTACTED MY HUSBAND TO CHASE THIS UP? CAN THEY PUT THE VERBALlY AgReed policy as it was instructed now ?
Expert:  Clare replied 2 years ago.
Hi
What is actually on record with the Company?
Clare
Customer: replied 2 years ago.
From what I gather they have a record if marks phone call request , they even have him the new price and sent out forms for him and his ex to sign knowing they err now divorced. The company say they never got the signed firm from his ex and so left the policy as it was even though they knew he had remarried and that his first wife should not be on the policy.
They never wrote to inform us if this or mark would have chase it up with his ex.
Expert:  Clare replied 2 years ago.
Hi
So there is no evidence at all that his ex had agreed to this?
Clare
Customer: replied 2 years ago.
Well the endowment people say they never revived the form back from her. But never told us they had not received it
Expert:  Clare replied 2 years ago.
Hi
Then I fear that the matter is entirely dependent on her honesty and whether or not she is willing to complete the assignment at this point
Fad there been a Court Order then matters would have been different
Sadly there was no duty on the Company to chase the matter up - it was up to your late partner to ensure it happened
I am so very sorry that you now have this extra burden to bear
Please ask if you need further details
Clare

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