What is the time limit for claiming on life insurance?

Five years, which is the statutory time limit for all personal insurance, in Catalonia too. The insurer will normally argue that the five years run from the death, so the prudent course is to claim before they are up, counting from that day. If you did not know that the policy existed, you can argue that time began to run when you could have found out about it, but that is an argument best avoided. A written claim to the insurer interrupts the time limit, which then starts again in full, provided you can prove that the insurer received it.

Alburquerque Abogados

José Manuel Alburquerque
Insurance law

When time starts to run

  • The law says that time starts to run when the claim could have been brought, which in life insurance is, in principle, the date of death.
  • If the beneficiary did not know that the policy existed or that he or she was the beneficiary, there are arguments for counting from when he or she could have found out. But the insurer will dispute this, so do not count on it.

How not to run out of time

  • Apply for the certificate from the register of insurance policies as soon as 15 working days have passed since the death. The register only keeps the data for five years.
  • Claim in writing from the insurer as soon as you know that the policy exists, even if you are still missing some documents. A “burofax”, a certified letter with proof of content and delivery, or a claim sent with acknowledgement of receipt interrupts the time limit.
  • Keep a copy of everything you send and of the proof of receipt.
  • Before bringing a claim in court, you must have attempted to reach an agreement. If you are a consumer, the prior claim to the company is enough. Do not leave it until the end of the time limit.

Other, separate time limits

  • The “impuesto de sucesiones”, the Spanish inheritance tax, has its own time limit of six months from the death, which can be extended if requested in time.
  • If the policy was linked to a loan, the time limit for requiring the insurer to pay the bank is also five years.

This answer is provided for educational purposes and offers initial guidance on the question raised. Every matter has its own circumstances and nuances that require individual assessment. For that reason, before taking decisions with significant consequences, it is advisable to consult a professional and not to rely solely on this information. Personalised advice makes it possible to apply these explanations to the specific case and to assess the options available with greater certainty.