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Buachaill, Barrister
Category: Law
Satisfied Customers: 10944
Experience:  Barrister 17 years experience
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My daughter and her then husband took out a mortgage together

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my daughter and her then husband took out a mortgage together and also took out insurance should one of them die. (it clears the mortgage). My son in law sadly became an alcoholic and they divorced, however, my daughter continued to pay the mortgage in full and also his premium, as well as her own as it was a condition of the mortgage. Sadly my ex son in law died in October 2014. The insurance paid out in full for the mortgage but they paid it into the estate of my son in law. her ex father in law is holding on to this money and refuses to respond to solicitors letters. meanwhile my daughter is still paying the mortgage in full. Her ex husband was still named on the mortgage but did not pay a penny after they separated. What can she do now?
1. Here your daughter should get herself a solicitor and sue the estate of her deceased former husband and the executor father in law for the monies so that she can discharge the mortgage with them. The purpose of the insurance was to enable the mortgage to be discharged if one of them died. the purpose was not to enrich the estate and the beneficiaries of her late husband. Your daughter should also get a copy of the insurance policy for her solicitor so he may read it closely and start a case that the monies be used to discharge the mortgage. Otherwise she will be left with the mortgage, after paying the insurance premium(s) and will have enriched some beneficiaries of her husband's estate. That is not correct in law.
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