The death of a family member is a very distressing time for anyone and most would like to know that the handling of one’s affairs after their death is as stress-free as possible for their grieving family.
Unfortunately, in some jurisdictions nominating a next of kin is not sufficient to ensure that the party which you intend to receive compensation, in the event that it is due, is the ultimate recipient of the money. We have experienced situations where numerous family members claim that they are the rightful beneficiary, but they refuse to reach an amicable agreement between them on the division of the compensation.
It is therefore advisable that, in addition to the nomination of a next of kin, an individual ensures that they also identify their intended beneficiary of compensation, in the event of their death during their employment. This will help avoid any undue stress upon family members following the death of their loved one.
We suggest that a nominated beneficiary form be completed and appended to the contract of employment. The wording can be as simple as the following:
“In the event of my death any compensation due in accordance with the contract of employment or statute shall be paid in full to ________________ (name and relationship to seafarer)”
If the intention is to have the compensation split between family members, this should be clearly stated within the nomination form with clear instructions on the nominated percentage to each beneficiary.
The inclusion of the above clause appended to the contract will ensure that your wish is fulfilled to the extent possible.
For more information on this topic, get in touch with your usual Personal Injury team contacts at North.
Author: Lucy Dixon
Senior Executive (Claims)