Life Settlement Agreement Template for England and Wales

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Key Requirements PROMPT example:

Life Settlement Agreement

"I need a Life Settlement Agreement for a £2.5M whole life insurance policy sale between an individual policy owner in Manchester and our investment fund, with completion scheduled for March 2025 and including broker provisions as we're working through Johnson & Partners as intermediaries."

Document background
The Life Settlement Agreement is used when a policyholder wishes to sell their life insurance policy to a third party for a lump sum payment. This document, governed by English and Welsh law, is essential for protecting all parties' interests in the transaction. It outlines the terms of sale, purchase price, transfer procedures, and ongoing obligations. The agreement must comply with UK financial services regulations, including FCA requirements and consumer protection laws. It's particularly relevant when policyholders seek to monetize their insurance policies or when investors look to acquire such assets as part of their investment strategy.
Suggested Sections

1. Parties: Identification of all parties to the agreement including the policy owner, purchaser, and any intermediaries

2. Background: Context of the transaction and brief description of the life insurance policy being settled

3. Definitions: Key terms used throughout the agreement including 'Policy', 'Settlement Amount', 'Completion Date'

4. Purchase Price and Payment Terms: Details of the settlement amount and payment mechanism

5. Assignment and Transfer: Terms governing the transfer of policy ownership

6. Representations and Warranties: Statements of fact and promises made by each party

7. Completion Requirements: Conditions precedent and completion mechanics

8. Governing Law and Jurisdiction: Specification of English and Welsh law as governing law and jurisdiction details

9. Execution: Signature blocks and execution formalities

Optional Sections

1. Escrow Arrangements: Terms for holding funds in escrow - include when payment is made through an escrow agent

2. Medical Information Release: Authorization for access to medical records - include when ongoing medical updates are required

3. Broker Provisions: Terms relating to broker involvement - include when transaction involves intermediaries

4. Confidentiality: Provisions regarding confidentiality of transaction details - include when specifically requested by parties

5. Tax Provisions: Specific tax-related provisions and allocations - include when tax implications need to be specifically addressed

Suggested Schedules

1. Schedule 1 - Policy Details: Complete details of the life insurance policy being settled including policy number, insurer, and current terms

2. Schedule 2 - Medical Reports: Recent medical evaluations and life expectancy reports

3. Schedule 3 - Calculation of Settlement Amount: Detailed breakdown of how the settlement amount was determined

4. Appendix A - Required Notices: Statutory and regulatory notices required by law

5. Appendix B - Transfer Forms: Forms required by the insurance company to effect transfer of the policy

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries
Relevant Teams
Relevant Roles
Industries

Financial Services and Markets Act 2000: Primary legislation governing financial services regulation in the UK, including life settlement agreements and insurance contracts

Consumer Rights Act 2015: Legislation protecting consumer rights and establishing fairness in contracts between businesses and consumers

Insurance Act 2015: Key legislation governing insurance contracts, including duty of fair presentation and warranties

Consumer Insurance (Disclosure and Representations) Act 2012: Legislation governing consumer duty of disclosure and representations in insurance contracts

FCA Handbook: Regulatory guidelines including ICOBS (Insurance Conduct of Business Sourcebook) and COBS (Conduct of Business Sourcebook)

UK General Data Protection Regulation: Data protection legislation governing the processing and handling of personal data

Data Protection Act 2018: UK's implementation of data protection standards, complementing UK GDPR

Proceeds of Crime Act 2002: Anti-money laundering legislation preventing criminal proceeds from being used in financial transactions

Money Laundering Regulations 2017: Regulatory requirements for preventing money laundering in financial transactions

Consumer Protection from Unfair Trading Regulations 2008: Legislation protecting consumers from unfair commercial practices

Financial Services (Distance Marketing) Regulations 2004: Regulations governing financial services sold at a distance

Wills Act 1837: Fundamental legislation governing the creation and validity of wills

Administration of Estates Act 1925: Legislation governing how estates are administered after death

Inheritance (Provision for Family and Dependants) Act 1975: Legislation allowing certain persons to claim against an estate

Income Tax Act 2007: Tax legislation relevant to income received from life settlement agreements

Taxation of Chargeable Gains Act 1992: Tax legislation governing capital gains aspects of life settlements

Inheritance Tax Act 1984: Tax legislation governing inheritance tax implications of life settlements

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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