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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33811
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 fiancée is in the process of getting divorced, but is still

Resolved Question:

My fiancée is in the process of getting divorced, but is still awaiting his decree absolute. He has two children aged 9 and 11 from that marriage. He also has a Son aged 18 from a previous relationship.
We have been together for three years but do not live together.
He has no will, but has registered myself as the named beneficiary of his company life insurance and also of his company pension. I am also registered as his next of kin at work.
In these circumstances, would this definitely be honoured in the event of his death?
And would the the issuing of the decree absolute alter things in any way?
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** I shall dd my best to help youAt present his ex would be his Widow if he dies and entitled to organise his funeral and deal with his assets.Indeed she woudl receive the first £250,000 of his assets.The Company Life Insurance should be safe and come to you - but the pension Trustees may decide to give some or all of his pension to the children depending on the terms of the Pension DeedPlease ask if you need further detailsClare
Customer: replied 1 year ago.
Thank you. And once the decree absolute has been issued what would the position be?
Expert:  Clare replied 1 year ago.
His ex would no longer have the automatic right to organise the funeral and would not be able to deal with the estate - that would fall to the eldest child
Customer: replied 1 year ago.
So would the eldest child also receive the assets?
Expert:  Clare replied 1 year ago.
No they would be divided equally between the children
Customer: replied 1 year ago.
So you are sure that as named beneficiary, the life insurance would come to me in any of these scenarios?
I am worried by the word 'should' in your first answer?
Expert:  Clare replied 1 year ago.
I used the word as without knowing the actual scheme I could not be 100% certain.However unlike Pension Schemes it is rare for it to be posisble to divert an Insurance payment
Customer: replied 1 year ago.
In other words, are there any factors which might preclude my becoming the beneficiary of the life insurance?
Expert:  Clare replied 1 year ago.
There are none that I am aware of - but you should check the terms of the specific scheme for certainty
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33811
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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