QUOTE(starry @ Mar 1 2016, 09:29 PM)
I recently surrendered a GE policy and was required to get nominee's consent for application for full surrender. Nominee had to sign a consent form before I could surrender the policy. Why do I need to get the nominee's consent to surrender my policy?
Any insurance agents here can enlighten me on this matter?
To answer this question, first of all we need to look at what was the problem with the Insurance Act 1996 on the Trust and Nomination as compared to the Financial Services Act in 2013.
Prior to the FSA, the Policy Holder (PH) is able to assigned himself as a Trustee (a person who wholly owns and control the policy).
As long as the PH is of sound mind there isn't any issue with the policy. However, if the PH later becomes of unsound mind (eg, coma, stroke, Alzheimer), changes to the policy is impossible. Changes here refers to surrender, withdrawal of the cash values (if any), re-nomination, even payments of Critical Illness requires the PH to 'sign'.
This is the problem faced under the old act and that is why under FSA, the PH himself cannot be appointed as a trustee.
A Trustee can be a person or an organization such as Rockwills to manage the insurance policy (or even the insurance proceeds) in the event when the PH himself is not able to due to coma, stroke etc.
For example, if the person is in coma, how is he able to claim under the CI coma? Secondly, since payment of the CI lump sum claim will be paid to the PH bank account, no one is able to touch the money.
The purpose of the trustee is to file a claim towards the insurer, and upon receiving the CI money, pays in accordance to the wishes of the PH in the case of Rockwills is being appointed as the Trustee of the policy. This is also why the policy with CI & Life Cover is normally 'absolutely assigned' to Rockwills.
Rockwills will then execute (without fear or favor) the wish of the PH (example, pay to the spouse gradually etc) and of course when executing the trust of the PH, there is charges involved. No free lunch okay.
Policies that are without the trustee, an auto trust will be created. See page 158/168 Trust of Policy Moneys.
<< Financial & Services Act 2013 >>Page 158/168 Trust of Policy Moneys
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5.
(1) A nomination by a policy owner, other than a Muslim
policy owner, shall create a trust in favour of the nominee of the
policy moneys payable upon the death of the policy owner, if—
(a) the nominee is his spouse or child; or
(b) where there is no spouse or child living at the time of
nomination, the nominee is his parent.
Roy: It means that if there is no trustee being specifically assigned upon inception of the policy an Auto Trustee is being assigned to prevent the 'problem' mentioned above from occuring.
(2) Notwithstanding any written law to the contrary, a payment
under subparagraph (1) shall not form part of the estate of the
deceased policy owner or be subject to his debts.
(3) The policy owner may, by the policy, or by a notice in
writing to the licensed insurer, appoint any person other than himself
to be trustee of the policy moneys and where there is no trustee
appointed—
(a) the nominee who is competent to contract; or
(b) where the nominee is incompetent to contract, the parent of
the incompetent nominee other than the policy owner and
where there is no surviving parent, the Public Trustee or a
trust company nominated by the policy owner,
shall be the trustee of the policy moneys and the receipt of a trustee
shall be a discharge to the insurer for all liability in respect of the
policy moneys paid to the trustee.
(4) If there is more than one nominee who is competent to
contract, the nominees shall be joint trustees and the consent for the
purposes of this paragraph shall be given by all such trustees.
(5) A policy owner shall not deal with a policy to which
subparagraph (1) applies by revoking a nomination or adding a
nominee other than his spouse, child or parent under the policy, by
varying or surrendering the policy, or by assigning or pledging the
policy as security, without the written consent of the trustee.
(6) If it is proved that the policy was effected and the premiums
paid with intent to defraud a creditor of the policy owner, the
creditor shall be entitled to receive from the policy moneys payable
under the policy a sum equal to the premiums paid under that policy.