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life insurances and my trust deed

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(@thin-top)
New Member
Joined: 14 years ago
Posts: 1
Topic starter  

Hi there
can anyone tell me is it correct that if my partner or myself make a claim on our life insurance(we are both in trust deed)the tustee would take the payment to go to our debtors,is this true


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 16 years ago
Posts: 13594
 

Welcome to the forum thin on top.

This subject was recently raised here, and the advice from the experts was that this would often be the case.

Any surplus over and above the value of the debts, some interest and the fees and outlays of the trust deed provider would not be affected.

Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds


   
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Mark McFadyen
(@mark-mcfadyen)
Famed Member
Joined: 17 years ago
Posts: 4798
 

Here's an interesting point. What if there was a named beneficiary on the policy(ies). A bit like an endowment which is assigned.

Mark

Mark is not posting regularly in the Trust-deed.co.uk forum.


   
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(@blootooner)
Eminent Member
Joined: 15 years ago
Posts: 23
 

When I took out my life insurance policy several years ago I took the decision that any payout would be put into a trust. Looking at the documentation all sums of money would go to those I mention in my trust, without going to my estate.

What is interesting is that my IP has placed an interest in the insurance policy. Whether they would actually receive any monies, if the worst happened, is something I've wondered.


   
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(@pepper350)
Eminent Member
Joined: 15 years ago
Posts: 40
 

hi was just wondering mark my policy the money would go to my son as i am a single parent and it is he is named on it would he still get it or would it go to my trust deed

pepper350


   
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Kevin Mapstone
(@kevin-mapstone)
Member Admin
Joined: 17 years ago
Posts: 4253
 

I believe there is case law on this subject in relation to sequestrations, which might reasonably be applied to trust deeds too. If I remember correctly the beneficiary of such a payout can be held liable for the deceased party's debts instead.

As I am writing this I am wondering whether I remember this correctly! Maybe I'll double check!

Scottish Debt Solutions Expert - Ask me for help setting up a Scottish Trust Deed or Debt Arrangement Scheme plan.


   
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