With the onset of the Mental Capacity Act (“MCA”) coming into effect on 1st March 2010, the Insurance (Nomination of Beneficiaries) Regulations 2009 (“the Regulations”) will be amended to effect 2 changes:
- The Regulations will be amended to provide for insurance nominations and revocations to be made by the court on behalf of a mentally incapacitated policy owner.
- The Regulations will also be amended to provide for trustees who are not natural persons (i.e. trust companies) to be named in the statutory forms.
For instance:
The Special Needs Trust Company (“SNTC”) was set up in October 2009. This is a nonprofit organization that provides trust services for families with disabled children. Now, policy owners may wish to use the amended forms to appoint SNTC as a trustee.


