Application and cross‑application concerning the validity of a life insurance change‑of‑beneficiary form executed shortly before the insured’s death.
The applicant sought a declaration that the 2011 form reallocating most of the insurance proceeds to her was valid, or alternatively rectification of the form.
The court held the form was not a valid declaration under the Insurance Act because the allocation percentages were altered after signing and the applicant failed to prove the insured signed the form as altered.
The court also found numerous suspicious circumstances surrounding the preparation of the document, rebutting the presumption that the insured knew and approved its contents.
The applicant failed to establish knowledge and approval or that the form reflected the insured’s true testamentary intentions.
