LEGALLY SPEAKING: Claiming a life insurance policy where deceased is missing.
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Claiming under a life insurance policy where the deceased’s body is missing.
The major events of recent years, particularly in South Africa, including the 2021 July civil unrest and 2022 Durban floods, have brought forth an issue that is not often entertained due to the rarity of such events, and that is whether it is possible to claim under a life policy where the deceased’s body is missing. A few months after the Durban floods, there were reports of fraudulent insurance claims under life policies – believed to be prompted by the fact that most bodies went missing. In addition to the aforementioned catastrophic events, bodies can also go missing in circumstances of a kidnapping, human-trafficking, abduction, etc. It is therefore necessary to delve into this topic. Since there is no concrete proof of death, a missing human body has serious and far-reaching legal implications for the family concerned. For example, what happens to a marriage (if applicable), estate or legal duties? These are some of the difficulties that come to the fore under such circumstances. This legal piece briefly explicates what the legal position is in this regard and how the law caters for such instances.
The major events of recent years, particularly in South Africa, including the 2021 July civil unrest and 2022 Durban floods, have brought forth an issue that is not often entertained due to the rarity of such events, and that is whether it is possible to claim under a life policy where the deceased’s body is missing. A few months after the Durban floods, there were reports of fraudulent insurance claims under life policies – believed to be prompted by the fact that most bodies went missing. In addition to the aforementioned catastrophic events, bodies can also go missing in circumstances of a kidnapping, human-trafficking, abduction, etc. It is therefore necessary to delve into this topic. Since there is no concrete proof of death, a missing human body has serious and far-reaching legal implications for the family concerned. For example, what happens to a marriage (if applicable), estate or legal duties? These are some of the difficulties that come to the fore under such circumstances. This legal piece briefly explicates what the legal position is in this regard and how the law caters for such instances.
