Natural Heir’s Claim Against Life Insurance Policy Proceeds


Mue (Cloud) and Fon (Rain) are legally married spouses. They have one child, Mok, who is the natural heir to Mue in another line of succession. Mue entered into an insurance policy guaranteeing one year, insuring a life policy of one amount of 100,000 baht, with Mok as the beneficiary. If Mue dies, . Subsequently, Mue and Mok died simultaneously due to the fact that Mue paid only 10,000 baht in life insurance premiums and before their deaths, Mue registered . Fa (Sky) was unaware that Mue had spouses. After Fon received the compensation, both Fa and Fon claimed money from the life insurance company. The Court finds that any party has the right to receive money from the life insurance company, in any amount. The answer is 100,000 baht, according to the insurance policy, not a trust, but the natural heir of Mue has the right to claim as if he were Mue; Judgment of the Court of Appeal No. 2401/2515 (Full Court). Even though Fon received compensation from the driver who collided with Mue and Mok, Fon still has the right to receive the full amount of her entitlement under the Civil Code Section 896. Since the natural heir of Mue who is still alive is only Fon, and it is shown that Mue had registered marriage with both Fa and Fon, although according to the Civil Code .