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I am the nominee in accidental claim of brother can his wife claim it?


16-Mar-2023 (In Insurance Law)

Brother passed away in 20 Feb. He had personal accidental policy. He has a wife and a child but i am the nominee in the policy. The policy papers are with sister in law. Now she is not returning any documents. But the LIC agents are saying that legally the wife has the rights. But i am the nominee. Can she claim it?

Answers (1)

Answer #1
313 votes

According to law, a nominee is a trustee not the owner of the assets. In other words, he is only a caretaker of your assets. The nominee will only hold your money/asset as a trustee and will be legally bound to transfer it to the legal heirs. For most investments, a legal heir is entitled to the deceased’s assets. For instance, Section 39 of the Insurance Act says the appointed nominee will be paid, though he may not be the legal heir. The nominee, in turn, is supposed to hold the proceeds in trust and the legal heir can claim the money. Thus the wife and child shall be entitles to the proceeds generating out of the policy.

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