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Sadly my partners mother recently passed away. A member of the family quickly obtained a death certificate and grabbed around 5 grand in insurance policy monies. Now he doesn't want to share any of it. I was thinking maybe the small claims court could be the best route as legally the money should be shared between the children. There is no will. Any ideas please?
If its fraud or theft then police.
Thanks he is already reported for previous fraud but the police are very slow to respond lately even getting an email reply is proving difficult. It may have to be the police again. They are going to love us !
Who had the policy and who was the beneficiaries?
Are their other assets, like a house to sell? With no will, you'll probably need professional assistance, who could help with your situation.
What a complete arse the family member is.
There are no other assets. One of the 3 children has grabbed the cash but isn't sharing with his siblings. I hope karma exists.
If theres no will and you've presumably no grant of probate yet. why has the insurance company paid out to that sibling? Who's the beneficiary of the policy?
thelwdiakopes - MemberThere are no other assets. One of the 3 children has grabbed the cash but isn't sharing with his siblings.[b] I hope karma exists.[/b]
Karma exists.
5k is not a lot to share between 3 children by comparison to the stress that might happen.
If you are believer of afterlife then go to the house of the departed, grave or in prayer to complain/inform (like in prayer) to the mother about the situation.
No guarantee something will happen but who knows ...
Not only has the insurance company paid out but it won't tell us who to even though we know and they won't confirm amounts with my partner. We don't want to leave this to prayer we prefer karma. This individual already had her pension before she died and now he is cleaning up every penny he can.
They paid on production of a death certificate and he had possession of the policy document
thelwdiakopes - Member
This individual already had her pension before she died and now he is cleaning up every penny he can.
This person sounds like a nasty piece of work.
If fraud is involved then it definitely the police first then court.
They paid on production of a death certificate and he had possession of the policy document
This individual already had her pension before she died
'had her pension' by theft of coercion? Have you actually seen the policy and who it pays to - might he have persuaded her to name him as the beneficiary?
The policies aren't named so go to the three children in theory
It's not enough money to invoke probate, not sure of the terminology.
Dunno if this helps but I had to make a similar death benefits claim recently after my mother in law passed away.
I was asked the following:
- confirm no will
Death certificate number
- confirm no significant assets (total under 30k I think)
- confirm that we were entitled to make the claim as executors
- agree that should anyone else come forward with a claim on the policy they would be allowed to listen to a recording of the call
Make a formal complaint to the insurance company. If you don't get anywhere go to the financial ombudsman.
Thanks julzm that has given us some ideas re hearing the phone call
That claim was with royal london. Just in case it's the same company.
Any policy proceeds go to the (executors of) the estate and get dealt with under probate, surely?
Anything outside that is a criminal offence I'd have thought.
Sadly, times of grief can bring out the worst in people
there arent any executors as there isnt a will, this isnt about the money but its a matter of principle,theft and fraud
and the sad side of human nature
Unless he has engaged in some sort of trick or deception then this isn't a fraud. There may well be a good civil claim around how assets get shared but that wouldn't be a police matter.