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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11144
Experience:  30 years as a practising solicitor.
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my wife and I had joint mortgage life insurance with Aviva

Resolved Question:

my wife and I had joint mortgage life insurance with Aviva (with critical illness included) which paid out in December 2013 and as it was in JOINT names it paid out to both of us into our joint account . I personally paid all the premiums. The policy of course is now terminated as it only pays out on the first applicant who either dies or has critical illness

Now my wife telling me she legally has a case to take all the payout rather than just her 50% of it

As this is 2nd marriage for both of us, my wife moved into my house and she is NOT on the Title Deeds for the home against which the Aviva policy was 'linked' , though we were free to use the payout for whatever we wanted

I would like to get some input on the legality of this

We live in Scotland
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

If the policy is in joint names then the proceeds of the claim are owned jointly. It doesn't matter that the insured event that led to the policy paying out was at the instance of your wife. The policy was written in joint names and the proceeds are owned by both of you. This is a simple matter of contract.

I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 3 years ago.
Where can I get clear legal statement that this would be regarded as a simple contract and would be accepted in a court, my wife's lawyer seems to think that because it is
Referred to as a mortgage life assurance and she is not on
Title deeds that my wife has right for full critical illness payout
Expert:  JGM replied 3 years ago.
Look at the policy and it will name both of you as the lives assured, ie, you are joint beneficiaries under the policy.

If you have separated the monies would form matrimonial property in any event and would fall to be divided fairly, and equally, under the provisions of the Family Law (Scotland) Act 1985.
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