Q&As

How may an order to transfer a joint life policy be enforced where one party refuses to effect the transfer? Is there a limitation period within which an order must be enforced?

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Produced in partnership with Nicholas Starks of St Ives Chambers
Published on LexisPSL on 21/11/2016

The following Family Q&A produced in partnership with Nicholas Starks of St Ives Chambers provides comprehensive and up to date legal information covering:

  • How may an order to transfer a joint life policy be enforced where one party refuses to effect the transfer? Is there a limitation period within which an order must be enforced?

How may an order to transfer a joint life policy be enforced where one party refuses to effect the transfer? Is there a limitation period within which an order must be enforced?

The Family Court (and the County Court) has always had power to direct that another person (usually a district judge but possibly a partner in the applicant’s solicitor’s firm) execute a transfer/assignment forms on behalf of a defaulting party under section 39(1) of the Senior Courts Act 1981 (SCA 1981). See Practice Note: Enforcing an order for sale, in particular the subsection Enforcing an order for sale—Execution of documents together with commentary: Execution of transfer by person

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