What is MWP Act and How Does It Protect Families

Married Women's Property Act

We assume that a married woman can own and manage her property (whether it was given to her by her parents or was earned by her) without the help of her husband. This wasn't always the case. A wife's right to own and manage her property was typically forfeited to her husband upon marriage. A significant piece of legislation known as the Married Women's Property Act was passed in 1850 as a result of the early 1800s campaigns by many women's rights organizations against this injustice. For the first time in recorded history, a wife was able to own and manage property without the assistance of her husband. This change was swiftly embraced by other nations, and in 1874 India implemented a statute that was nearly comparable.

What relevance does this have to life insurance, given the historical lesson that was just given?

Just purchasing a life insurance policy won't guarantee that your loved ones will receive the insurance payout in the case of your passing. Your nominee or beneficiary may not get the funds from your term life insurance claim.

It may be seized by family members or those to whom you may owe money while you are away (creditors). By purchasing a term insurance plan under the MWP Act, you can guarantee that the promised sum is truly handed to your wife and children.

By purchasing a term insurance policy under the Married Women's Property Act of 1874 (MWP Act), a married male policyholder can help safeguard his family's financial interests while he is away. Once insurance is purchased under the MWP Act, the court cannot attach it to collect debts. In the event of your death, only your wife and children will be eligible to receive the insured sum.

What is the MWP Act? 

Section 6 in The Married Women's Property Act, 1874 highlights the importance – “A policy of insurance effected by any married man on his own life and expressed on the face of it to be for the benefit of his wife, or of his wife and children, or any of them, shall endure and be deemed to be a trust for the benefit of his wife, or of his wife and children, or any of them, according to the interest so expressed, and shall not, so long as any object of the trust remains, be subject to the control of the husband., or to his creditors, or form part of his estate.”

How does the MWP Act protect families?

The term policy that falls under the MWP Act's jurisdiction shall be regarded as a trust. Only trustees will have authority over the insurance, including servicing and benefit payments. The trust receives the policy proceeds in the event of a death claim, and trustees are the only people who may make a claim on them. It cannot be used to satisfy debts, be claimed by family members, or be included in the proposer's estate's will. The trust will hold the claim funds for the wife's and/or child's benefit (ren). Thus, your wife and children's financial future is secured.

When you get term insurance under the MWP Act, only your wife and/or children will be able to access the claim amount, allowing you to financially safeguard their future.

This is also a great option for split families, where there may be a number of issues with property ownership. Family disputes over money and property may become more prevalent as a result of unspecified fine print. Under such circumstances, a policy covered by the MWP Act will grant the beneficiary a clear title.

Throughout the period, the beneficiaries (wife and/or children originally named in the policy stay the same. Once the policy has been issued, neither it nor the insured's business assets (estate) will be subject to creditors' or lenders' claims. This means that, in the event of the insured's death, only the insured's wife has the authority to decide the benefit amount.

Who Should opt for MWP Act?

  • Salaried as well as a business person with liabilities and loans.
  • People who want to protect their wife/children from creditors/relatives who might have fraudulent or ill intentions.

Buying term life insurance under the MWP Act, of 1874 will be ideal for an individual who wants to protect his wife’s/ children / wife and children as it completely secures them from any financial insecurities in one’s absence.

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