Lim v Walia [2014] EWCA Civ 1076

Wills & Trusts Law Reports | January/February 2015 #146

Jocelyn Walia died on 25 March 2011 aged 38. She had married Mr Walia in July 2003 and they had a daughter Emma-Kaur in November 2004.

In 21 May 2002, they bought a fixed-term life insurance. On the first death the survivor would be paid the sum insured. On proof of one of the life insured was suffering a terminal illness then the payment was brought forward and then no death benefit would be payable.

After they separated Mrs Walia moved to the Philippines and had a son Philip Lim in July 2009. In February 2011 she was diagnosed with terminal cancer.

Mrs Walia died i...