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JGM, Solicitor
Category: Law
Satisfied Customers: 12067
Experience:  30 years as a practising solicitor.
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My partner died in January and I had an insurance policy on

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my partner died in January and I had an insurance policy on his life that I paid since 2003. The insurance wouldn't pay out until probate was granted. This meant the policy became part of his estate £40000. He owed DSS £16000 which they are looking repaid now. I feel that this policy belonged to me and should I pay this debt out of it
Thanks Paula
Life insurance that is in any way controlled by the deceased is part of the gross estate. But life insurance with named beneficiaries goes directly to those beneficiaries without going through probate. So it is not part of the estate for creditors. So the answer to your question depends on how the policy was written. Happy to discuss further.
Customer: replied 1 year ago.
thanks there was no named beneficiaries
Unfortunately then, that is why it has to go through the estate. I'm sorry to be the bearer of bad news. If I can assist further let me know. Otherwise please leave a positive rating so that I am credited for time.
Customer: replied 1 year ago.
Thanks. I paid for the policy my partner didn't believe in insurance so even though it went through his estate because his name was on the policy do I have to repay the money he owed. I find this very unfair as I took the policy out to protect me and help pay off the mortgage in the event something happened to either of us
I'm afraid you do if the policy goes to his estate. The reason is that his estate is responsible for his debts. Even if you paid for the policy, the policy was legally his. You could make a claim on the estate for the premiums you paid but that is all.
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