The court was asked: ‘where the proceeds of a fixed term joint life policy are paid over as the result of the death of the first of the joint lives insured, but in circumstances where it is to be assumed that the payment of the sum insured might have been brought forward on the footing that the deceased had been suffering from a terminal illness, was the deceased, immediately before her death, entitled to a joint tenancy of the lump sum life cover for the purposes of section 9 of the 1975 Act?’
Held: The court should not ignore the fact that, immediately before her death, the deceased, together with her joint policy owner, the defendant, had a crystallised right, subject to proof, to have her death benefit brought forward because of her diagnosed terminal illness.
Hodge QC J
[2012] EWHC 4187 (Ch)
Bailii
Inheritance (Provision for Family and Dependants) Act 1975
England and Wales
Citing:
Cited – Powell v Osbourne CA 1993
The deceased had separated from his wife and was cohabiting with Miss Osbourne. The deceased and Miss Osbourne purchased a property as joint tenants, with the assistance of a mortgage. The purchase price had been andpound;91,000 and the mortgage was . .
Cited – Murphy (By Her Litigation Friend Stockmont) v Holland CA 19-Dec-2003
A married couple had taken out an insurance policy on their joint lives. The policy was maintained after they divorced. On his death, his child by the later marriage claimed a share in the policy under the 1975 Act.
Held: (Chadwick LJ . .
Cited by:
Appeal from – Lim (An Infant) v Walia CA 29-Jul-2014
The parties disputed a claim under the 1975 Act. Immediately before her death, the deceased had, because of her medical condition, a vested right to bring forward an insurance benefit, but that right had ceased upon her death. The court had found . .
Lists of cited by and citing cases may be incomplete.
Wills and Probate, Family
Updated: 11 December 2021; Ref: scu.472525