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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have life insurance and critical illness cover relating to

Resolved Question:

I have life insurance and critical illness cover relating to my mortgage. I have recently been diagnosed with breast cancer which is termed as aggressive. I had this cover since 2001 and was taken out as joint cover with my then husband. I was the policy holder for his cover and he was /is the policy holder for my cover. I paid both policies from my account. Since our divorce I have continued to pay the premiums for the policy that covered myself and cancelled paying for his cover. The problem I have is that although I am the named person on this policy the policy holder is my ex husband and he no longer has anything to do with the mortgage on the house. I still live at the same property as when I took out the policy. Will the insurance company pay out . Thank you
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts : Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : What do you want the policy to do, pay off the mortgage?
Customer: Yes to pay off the mortgage.
Customer: Sorry should say my name is Fiona.
Alex Watts :

Hello Fiona

Alex Watts :

It should not be a problem

Alex Watts :

All you need to do is when you make a will, if you have not done so already is say who will benefit from the policy and who will get the house.

Alex Watts :

As long as it is clear in the will it should not be an issue

Alex Watts :

Can I clarify anything for you about this today please?

Customer: Hi Alex
Alex Watts :

Hello Fiona

Customer: Hi Alex, I'm not going to die. The policy states it will pay out on the diagnosis of a serious illness. My ex-husband is the current policy holder and I am the life assured. It is a mortgage protection plan and it is a term assurance policy. It has been running since March 2001. I have been diagnosed with an invasive breast cancer. I just wondered if my ex-husband would have to claim for me or should he assign the policy to me and then I claim.
Alex Watts :

I see. So he holds the policy and you have been paying it?

Customer: yes
Alex Watts :

I see.

Alex Watts :

Yes in that case you need to get it transferred or assigned.

Alex Watts :

I dont know whether your ex would be willing to consent to this as the insurance company may want this

Alex Watts :

If not, then if you can show you have been paying it they may be willing to transfer or assign

Alex Watts :

But yes, this is certainly something you can and should do

Customer: I will ask my ex-husband to assign it to me. Will it then by okay for me to then claim on it.
Alex Watts :

Yes that would be fine

Alex Watts :

Can I clarify anything for you about this today please?

Customer: Thank you so much. Just one thing as I have since got re-married and my surname has changed, will my ex-husband need a copy of my marriage certificate and he will have our divorce certificate when assigning the policy to me. Also can you confirm that by assigning the policy to me will not have any effect on me making a claim after this is complete.
Alex Watts :

I would make sure you have those documents to hand. But remember this is something life companies come across all the time - your situation is not unique

Alex Watts :

If this answers your question might I invite you to rate my answer

Alex Watts :

If the system wont let you please do say

Alex Watts :

If you need more help please click reply

Customer: Brilliant - thank you so much for you help. Fiona
Alex Watts :

Glad to have been able to help - please do remember to rate before you go

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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