Life Insurance - Ex-Spouse claiming

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Memphis

Member
5 June 2020
3
0
1
I was separated from late husband when he passed away but not divorced, we had already agreed to a financial settlement. I decided to walk away with less as the stress, threats I was receiving from him were deeply affecting my health, I decided to just settle on a lower amount.
He has now passed away and his Life Insurance company are asking me to put in a claim as well as his only son. All though I do not want everything I do feel entitled to a portion as I never got what was owed to me. Does the fact that I am re-married and financially stable affect my claim? and also the nature of my marriage with the deceased was incredibly violent and when I signed settlement papers I was not in a good frame of mind.
 

Poidah

Well-Known Member
9 November 2017
133
5
419
Qld
What does his son feel? If his son is supportive, why not. His son is probably aware of how violent and how much you suffered...
Even if son is not supportive, his life insurance is your right as well. You supported your husband for the term of the marriage, which allowed him to achieve whatever he has achieved. You are not less worthy in your claim...
 

Memphis

Member
5 June 2020
3
0
1
As I have already settled financially. His son, and all his family, would not expect me to want a portion as I have already signed over the estate and supperanuation. However, now that my head is clear and I have built my confidence back, I realise that I deserve my share. My other issues is, when I had just found out he had passed away, his son offered to pay for my flight from NSW to WA to support him at a wake that was arranged by my late husbands girlfriend at the time. The morning after I flew in, his son drove me straight to a Lawyers office to sign a piece of paper ( I was that upset, cloudy, jet lagged and confused) I can no re-call exactly what this paper was, foolish yes, but at the time I was distraught. It was along the lines of me not requesting any access to additional assets ...I am wondering if it would affect my claim.
 

Poidah

Well-Known Member
9 November 2017
133
5
419
Qld
It was along the lines of me not requesting any access to additional assets ...I am wondering if it would affect my claim.
Worth getting your own lawyer Memphis, I am sorry to say.
It sounds like his son and ex-husband gf would be hostile unfortunately, but it is important as you know that the ongoing cycle of violence and hostility stops. If his son gets away with this now, he will believe that he is able get away with the same behaviour to his wife, or other people in his life etc. Getting people to sign forms under duress at a funeral/wake is appalling. As this is a insurance claim, you may be able to find a no-win-no-pay firm. So the more the son fights, the more expensive the legal costs are to him. Obviously you will get much much less in the end, but you are already financially stable...
 

Memphis

Member
5 June 2020
3
0
1
Yes I have a consult booked with a lawyer on Tuesday.
The Insurance Company have advised me to write a very detailed Statutory Declaration on the nature of our relationship/effects etc. I just wish I knew what the document I signed was about!!!
Thank you for your guidance!!!
 

Poidah

Well-Known Member
9 November 2017
133
5
419
Qld
I just wish I knew what the document I signed was about!!!
Likely a deed of release - Indemnity: Signing Away Your Rights!
The fact that you don't remember the details and that you do not have a copy of what you signed indicate possible duress. It would be good to ask the son produce the document even though it is unlikely that he would.
 
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Atticus

Well-Known Member
6 February 2019
1,155
187
2,394
I was separated from late husband when he passed away but not divorced
So technically you are his widow... That *maybe* why they have called you... How long ago did you separate? ...... If the policy was taken out post separation then I can't imagine you were intended to benefit from it.
Does the fact that I am re-married and financially stable affect my claim?
Possibly... will likley depend on whatever regulatory requirements the Insurance company need to consider ..... The lawyer you see Tuesday will hopefully have some insight into that.
All though I do not want everything I do feel entitled to a portion as I never got what was owed to me
You mentioned that you signed a formal settlement.... If it's a proper legally binding agreement, then such an agreements are meant to finalise any future claims.... in that light, your mention of entitlement could be seen as you just trying to make further claim ..... Could be a problem for you... as such I would not be using that as a reason to make a claim..