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10. The insured person has disappeared for several years. Can the beneficiary submit a claim for the death benefit under the relevant life insurance policy?

Firstly, if the beneficiary is in a legal position to do so (e.g. he/she is the spouse, parent or child of the insured person), that beneficiary must obtain a court declaration that the insured person is legally dead. At Common Law, a person is considered legally dead if that person has disappeared for 7 years or more, unless there is any evidence to the contrary.

 

Once the court issues a declaration that the insured person is legally dead, the beneficiary can submit a claim to the insurance company for the death benefit. Regarding the details on how to apply for a court declaration, please consult a solicitor.

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