It has come to the attention of the committee that in certain circumstances cheques from life assurance companies for the proceeds of life policies are paid directly to the insurance broker concerned. This can result in the solicitor who has given an undertaking in contemplation of receiving such proceeds being placed in an invidious position if the insurance broker accounts directly to the personal representative.

The solicitor should ensure that the undertaking specifically states that the solicitor is bound by the terms of the undertaking only if the monies come into his/her hands.

Solicitors should therefore ensure, when completing a claim form on behalf of the personal representative, that it is clearly stated on both the face of the claim form and in the accompanying letter that any life assurance proceeds cheques drawn in favour of the personal representative or beneficiary should be sent directly to the solicitor.

A solicitor should not give an un-dertaking unless he/she has sight of the claim form and is certain that the cheque for the life assurance proceeds will be sent to him.