Society's News


Corporate Members 2019

3PB Albion Chambers Ashfords Barcan + Kirby Burges Salmon Capstones Clarke Willmott Cooke Painter Ltd DAC Beachcroft Devereux & Co Enterprise Chambers The Family Law Practice Foot Anstey (including Enable Law) Fussell Wright Gregg Latchams Ltd Guildhall Chambers Irwin Mitchell Solicitors Kelcey & Hall Lyons Davidson Marc White & Co Meade King Michelmores LLP Osborne Clarke Queen Square Chambers Simmons … more


President’s Charity of the Year – Bristol Children’s Help Society

                            The Bristol Children’s Help Society is a privately funded volunteer led charity that owns and runs Barton Camp our 100 bed residential children’s centre in the beautiful Mendip hills. Barton Camp operates through the year as a base where disadvantaged local children can enjoy a few … more


No 12, The Meeting Rooms – Conference, Meeting and Mediation Rooms for Hire

Bristol Law Society’s suite of conference and meeting rooms including a suite of mediation rooms are conveniently located in the centre between the Waterfront Area and the Old City in a modern building situated on the corner of Colston Avenue and St Stephen’s Avenue. There are a number of large public car parks within a 5 minute walk from the … more


Executor & Inheritance Insurance and Court Orders


An Article by Kate Thorp

Executor & Inheritance insurance provided by DUAL Asset can be useful in a myriad of ways. Insurance policies can play a major part aiding a solicitor to obtain the right judgement at court for their client. The costs involved in going to court and applying for a court order, can be significant and can sometimes take many years.

An insurance policy can be used to strengthen a claimant’s hand and avoid wasted costs. An example could be a property which is held as joint tenants by Mr T (the deceased) and his former partner Ms M. Research shows they were never married and Ms M left the UK decades ago. Genealogists can find no current records relating to Ms M. The executors now want to apply to the court to transfer the property into the sole name of Mr T. The executors can then sell the property and distribute the sale proceeds to the beneficiaries of Mr T’s estate. The executors believe that the judge would look more favourable on their application if they are seen to be protecting the interests of Ms M; that they are not simply applying to “disinherit” Ms M from her half share of the property. The court can then make their judgement subject to the insurance policy being taken out and if in the future Ms M appears, she can claim against the insurance policy for her half share of the sale proceeds.

Another example is applying for a Presumption of Death Order at court. A missing beneficiary policy can be part of that application to the court. In the unlikely event the missing person, who is the subject of the Order, is actually alive, the missing beneficiary policy will protect the executors and beneficiaries of the estate against claims from this person, seeking to regain their assets. In Scotland, insurance is nearly always required by the courts, under the Presumption of Death (Scotland) Act 1977 Section 6, against the risk of a person having an interest in the deceased’s estate and seeking to have the decree varied or recalled. Again, the insurance is seen as protecting the interests of the subject.

If you have a case you wish to discuss where insurance may assist your application to the court, please contact Kate Thorp, Manager – Executor & Inheritance Protection, DUAL Asset Underwriting – (0)20 7337 8775 – kthorp@dualgroup.com