Life cover, also referred to as mortgage protection, is an insurance policy designed to repay your mortgage in the event of your death during the loan term. It is a statutory requirement under Section 126 of the Consumer Credit Act 1995 for most residential mortgages. The policy ensures that the lender is repaid and your family does not face the burden of mortgage debt.

When you take out mortgage protection, you typically assign the policy to the lender through a Deed of Assignment. This means that in the event of your death, the proceeds of the policy go directly to the lender to clear the outstanding balance.
Any surplus funds after repayment may be paid to your estate or designated beneficiaries. The assignment must be formally recorded, and the insurer and lender must be notified of this arrangement.
You may face higher premiums where insurers assess you as higher risk. This can result from factors such as:
While premiums may be high, the law still requires cover to proceed with a mortgage unless a waiver applies.
Life cover may be declined where:
In these circumstances, lenders may require written proof of refusal from at least three insurers.
If you are unable to obtain life cover, lenders may still proceed with the loan under specific circumstances. You must provide written evidence from at least three insurers confirming refusal on medical grounds. In this scenario, under Section 126(2)(b) of the Consumer Credit Act 1995, the lender must grant a waiver allowing the mortgage to proceed without life cover.
The law allows lenders to waive the requirement for mortgage protection where:
Under Section 126(2) of the Consumer Credit Act 1995, if you meet these conditions, the lender is legally obligated to consider a waiver. If refused, you can request written justification as to why statutory law is being contravened.
While a waiver allows you to proceed without life cover, it carries risks. If one borrower dies, the surviving borrower becomes solely responsible for the mortgage. Without life cover, there is no safety net, and the property may be at risk if repayments cannot be maintained.
Jacob Law LLP, September 2025
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