Q and A on Contested Wills

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If you want to do your own research on our site please feel free to do so. However you should understand... every case is different and many answers on this site will not be the correct answers for your case. Therefore, nothing written on this site is to be read as our legal advice to you. Our answers are only for your general knowledge and not for your specific case.

Life Insurance and Family Provision Claims

The Answers

Q.Please explain for me how the funds or the benefit of my life insurance policy is dealt with upon my death and how the funds are relevant to contesting a will.

A.

In the case of life insurance it depends upon who owns the policy of insurance. If you own the policy the proceeds will be paid to your executor or administrator to be distributed in accordance with your will. However sometimes such policies are in the name of your spouse or business partner and in that case the proceeds will not form part of your will. The proceeds will be paid directly to the owner of the policy. Life insurance funds are protected assets from a trustee in bankruptcy and should remain outside of your estate where possible just to be safe from a challenge against your estate. This is also relevant in the event some contests your will. These funds are not part of your actual estate however may be designated notional estate but only in NSW. See notes on notional estate.