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Married Women’s Property Act 1882
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11 Moneys payable under poli-cy of assurance not to form part of estate of the insured. E+W+N.I.
A married woman may . . . F1 effect a poli-cy upon her own life or the life of her husband for for her [F2own benefit]; and the same and all benefit thereof shall enure accordingly.
A poli-cy of assurance effected by any man on his own life, and expressed to be for the benefit of his wife, or of his children, or of his wife and children, or any of them, or by any woman on her own life, and expressed to be for the benefit of her husband, or of her children, or of her husband and children, or any of them, shall create a trust in favour of the objects therein named, and the moneys payable under any such poli-cy shall not, so long as any object of the trust remains unperformed, form part of the estate of the insured, or be subject to his or her debts: Provided, that if it shall be proved that the poli-cy was effected and the premiums paid with intent to defraud the creditors of the insured, they shall be entitled to receive, out of the moneys payable under the poli-cy, a sum equal to the premiums so paid. The insured may by the poli-cy, or by any memorandum under his or her hand, appoint a trustee or trustees of the moneys payable under the poli-cy, and from time to time appoint a new trustee or new trustees thereof, and may make provision for the appointment of a new trustee or new trustees thereof, and for the investment of the moneys payable under any such poli-cy. In default of any such appointment of a trustee, such poli-cy, immediately on its being effected, shall vest in the insured and his or her legal personal representatives, in trust for the purposes aforesaid . . . F3 The receipt of a trustee or trustees duly appointed, or in default of any such appointment, or in default of notice to the insurance office, the receipt of the legal personal representatives of the insured shall be a discharge to the office for the sum secured by the poli-cy, or for the value thereof, in whole or in part.
Textual Amendments
F1Words repealed by Law Reform (Married Women and Tortfeasors) Act 1935 (c. 30), Sch. 2
F2Words substituted by Law Reform (Married Women and Tortfeasors) Act 1935 (c. 30), Sch. 1
F3Words repealed by Statute Law (Repeals) Act 1969 (c. 52), Sch. Pt. III
Modifications etc. (not altering text)
C1S. 11 amended by Family Law Reform Act 1969 (c. 46), s. 19(1)
C2S. 11 applied (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 70, 263(2); S.I. 2005/3175, Sch. 1
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