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I am 25 years old, have no dependents, have NEVER smoked, do NOT need any Life Insurance, and do not plan to marry or have kids at all. I live in Canada.

I just discovered today that my mother bought me Whole Life Insurance Policy in 2000, but I do not remember consenting to or signing it when I turned 18. The booklet of my insurance policy does not contain anything with my handwriting or signature.

I have NEVER smoked. However, my mother signed some Non-Smoking Declaration with my name and signature. I love and have no problems with my mother, but she suffers from mental illness.

Is my policy valid? I would like to this policy invalidated and be refunded all those monthly premiums, because I would never bought this Whole Life policy!

closed as unclear what you're asking by Dheer, Victor, JoeTaxpayer Apr 2 '16 at 16:49

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    The policy would be valid as long as premiums are being paid on time. Is you question more or can you discontinue paying the premium towards the policy and get back any benefits? – Dheer Apr 1 '16 at 8:17
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    Do you believe the signature on the nonsmokeing declaration is forged or perhaps placed by your mother when a minor? Are you a smoker today? – user662852 Apr 1 '16 at 11:39
  • If you know she signed a document on your behalf that you did not want her to, contact the company and disable that document. You can tell them that she's a bit out of it and ask them not to take any action against her. I'm sure this is something they have seen before. They will probably cancel the policy, but that seems to be what you want. They might just raise the premium, in which case she would have to decide whether she wants to pay that much... And it goes back to being up to you to convince her to stop wasting her money. – keshlam Apr 1 '16 at 12:19
  • @user662852 Sorry for the disorder. No, I have never smoked. I clarified this in my post now. I am just trying to see whether I can have this policy invalidated and escape from it, because I would never bought it! – lethekophinos Apr 1 '16 at 16:12
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    What do you need to "escape" from? The text of your message indicates that you feel the policy is doing you harm. But what's the harm? It doesn't sound like you paid the premiums, so it cannot be that. – user32479 Apr 1 '16 at 23:24
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Is your mother still paying the premiums, or are you?

If you're paying the premiums, then just contact the company and say you are no longer willing to pay and want to cancel the policy.

If she's paying the premiums, why do you care?

If the issue is the non-smoking declaration, and you are a smoker or want to take up smoking ... I don't know what country you live in, but I'd be surprised if there's a law anywhere that gives your mother the legal authority to forbid you from smoking when you are over 18. If you are paying the premiums, then contact the insurance company and tell them that you are no longer a non-smoker. The premiums may go up. If she is paying the premiums, tell her that you are now a smoker and that she should contact the insurance company about changing this clause in the policy if she wants to be sure it remains valid. If she declines to do this, that's between her and the insurance company. As you're not a party to the contract, it really has nothing to do with you. If, as you say, your mother is not fully capable of managing her affairs, you could contact the insurance company for her.

  • Update based on your edit of the question *

I don't see how you could get the policy "invalidated". Unless there is some evidence that the life insurance company made false claims, or somehow tricked your mother into buying the policy, or that the policy violates local law, there is nothing "invalid" about it. Just because you've decided you don't want the policy doesn't make it invalid.

Likewise I don't see how you could get the premiums refunded. The whole point of life insurance is that you pay a monthly premium, and if and when you die, they pay the beneficiary the face value of the policy. Life insurance is often described as a kind of gambling game: The insurance company is betting that you will live long enough to pay more in premiums than they pay out in benefits. You are betting that you will get more in benefits than you pay in premiums. If you die young, you win! If you could wait and see if you die within some time period, and if not demand your premiums back, well, that would be like saying that you want to bet on a spin of the roulette wheel, and if you win you take your winnings, and if you lose you want to get your original bet back. What casino would agree to that?

You should be able to cancel the policy at any time. I suppose there might be some specific commitment in the contract, like you pledge not to cancel within X years. If you never signed it, I don't see how you could be obligated to pay for it, regardless of what commitments your mother made. I don't know where you live or your country's laws, but I doubt your mother can sign a contract legally committing you to pay for something for the rest of your life.

You say it's a "whole life" policy, which means it should have some cash value if you cancel it, i.e. you get SOME money back. Not everything you and/or your mother paid in, but something.

  • Thanks. Please see my updated post. The issue is NOT the non-smoking declaration. – lethekophinos Apr 1 '16 at 16:14
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You didn't buy it. Your mother did. You can try to cancel it if it was purchased in your name; if your mother purchased it she would have to cancel it. Either way, the company has done it's part by carrying you until that cancellation and you have no grounds for demanding a refund for time already covered.

If your mother was spending your money, that is something you need to take up with her unless you want to bring charges against her for theft/fraud. If she was spending her own money, then you may want to talk to a lawyer about getting her declared incompetent so someone else can control her spending.

But the money paid is probably gone. It isn't the insurance company's fault that you didn't want it doesn't, and if you don't bring charges you can't complain about their having accepted stolen money. Even if you do bring charges and win, it isn't clear you can get a refund.

If you really want to pursue any of this, your next step is to talk to a lawyer.

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I think at this point you and the other person who seems to ask this question in multiple permutations needs to talk to a local expert rather than continuing to ask the same questions with slight fact variations. This all happened when you were 9. If you think there was foul play involved, at the minimum it will be difficult to prove 16 years on.

Somehow I doubt there are 2 people on Toronto whose parents bought them whole life insurance policies in 2000 asking the same questions at the same time.

If you don't want the coverage or you think the whole thing was a mistake, cash the policy out. According to the other question about this policy there's nearly $7,000 of cash value there. Just take the money out and move on with your life. Unless you're willing to sue your "mentally ill" mother over the $1,500 net loss ($530 premium times 16 years minus $7,000 cash value) I'm not sure what recourse or advice you're looking for. And even that assumes she's paying the premium with your money.

Separately, if your mother is the owner of the policy and paying with her money I'm not sure why this involves you at all. Parents buy life insurance on their children all the time.

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