Life insurance: the rights of a survivor

In Miah v National Mutual Life Association of Australasia Ltd [2015] NZHC 993 Associate Judge Dougue of the High Court of New Zealand considered the rights conferred by a life policy on Mr Miah’s wife which was jointly owned by Mr and Mrs Miah. The question was whether the benefits passed entirely to Mr Miah or equally to Mr Miah and to the estate of Mrs Miah. As a result of Mr Miah’s bankruptcy, he argued for the latter approach so that his late wife’s share would not be caught by the statutory assignment of his assets on bankruptcy.

Miah : the facts