Probate Required for Life Insurance Policy to be Paid Out

08 May 2018

A Co-op Probate Case Study

Client Situation

We helped Mr W after the death of his wife. Mr W had told our Probate Advisors that his wife had died in tragic circumstances without leaving a Will and that she held life insurance in her sole name. We quickly established that Probate would be required if the life insurance policy was to be paid out, given that the circumstances around Mrs W’s death could have been a tragic accident or intentional.

One of our Probate Consultants met with Mr W at his home and provided him with a Fixed Fee Probate quote. Mr W then decided to instruct Co-op Legal Services to carry out the Estate Administration on his behalf.

How We Helped

One of our Probate Case Managers contacted Mr W and went through the Estate of Mrs W in detail. The Case Manager explained how the Estate administration process works, including how Co-op Legal Services would help Mr W to apply for Probate in his own name. This would mean that Mr W would be required to sign the Probate forms himself.

Our Probate Case Manager then completed the valuation of Mrs W’s Estate and sent the paperwork to Mr W for him to sign.

Unfortunately, Mr W was struggling to come to terms with his wife’s tragic death and we did not hear from him for some time. We confirmed that the life insurance policy would pay out to the Estate, but it had not yet been possible to obtain the Grant of Probate as the forms had not been returned by Mr W, who was taking some time to come to terms with his loss.

To help ease the burden on Mr W, we discussed with him the option of putting in place a limited Power of Attorney, in which he could grant us legal authority to obtain the Grant of Probate on his behalf. This would enable us to take full control of administering Mr W’s late wife’s estate, including signing any paperwork, so that Mr W did not need to do this himself. Mr W agreed to this so a Lasting Power of Attorney was put in place and Mr W returned the Probate forms to us.

Once the Lasting Power of Attorney was in place, we quickly moved forward with the Estate administration for Mr W. We obtained the Grant of Probate in a few weeks and less than a month later we had sent Mr W the final accounts for his wife’s Estate to sign off.

The Outcome

Our Probate Case Managers administered Mrs W’s Estate sensitively and professionally. We were pleased to provide compassionate, proficient support to Mr W during such a difficult and emotional time.

Once all of the required Probate paperwork was in place, the administration of Mrs W’s Estate was completed in a matter of weeks.

On completion of the administration, Mr W was delighted with the support and assistance that we have provided throughout, telling us that he is most happy with everything we did for him.

With our Probate Complete Service we take full responsibility for getting Grant of Probate and dealing with the Legal, Tax (excluding VAT), Property and Estate Administration affairs*.

*We can also pay all the costs of a Co-op Funeralcare funeral, providing the Estate owns sufficient assets which can be sold in due course to repay our costs.

Co-op Legal Services is the largest provider of Probate and Estate Administration services in England and Wales, trusted to deal with over £1.3 billion in Estates annually.

Our Probate team includes over 170 staff of specialist Probate Solicitors, Lawyers, Case Handlers, Advisors and our national network of Probate Consultants; all of whom only deal with Probate.

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