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dimanche 20 mars 2011

Life Insurance: How the beneficiary clause

There is a before and after the Act of December 17, 2007. Since that date, in fact, acceptance of the beneficiary of a life insurance contract is conditional upon the agreement of the subscriber. What are the consequences of such provision? In life insurance, the beneficiary designation is entirely voluntary and does not affect the validity of the contract. Moreover, established with a view to retirement, the designated beneficiary is any logical subscriber. The subscriber can either use the model clauses proposed by the insurer itself or write a clause as it deems best for his situation.
We distinguish the direct appointment, when the beneficiary is named or indirectly, when only the quality is specified (spouse, children, heirs). Designation if there are multiple beneficiaries, they are first row (receive death benefits from subscriber) or second priority, the latter may claim the benefit of the contract in the absence of primary beneficiaries. In all cases, it is important to provide as much detail as possible to facilitate research of recipient death of the insured. The designation of beneficiary may be made at any time, or to subscribe to its later maturity, and in many forms: at the time of accession, by amendment to the contract, by mail, or by a bailiff will, which helps keep secret the name of the recipient (and go without his consent) and thus makes the designation irrevocable. The subscriber can change the beneficiary or beneficiaries as they see fit, provided that the beneficiary or beneficiaries have not yet accepted the contract.
Nothing requires the policyholder to notify the creditor of the existence of the contract, it must however make sure everything is done so that the recipient is able to assert his rights to due date. When the cases where the recipient is informed of the clause in his favor, he could accept, and serve his acceptance at any time. Once there is acceptance, the beneficiary designation is irrevocable. Since the Act of December 17, 2007, acceptance of the beneficiary is subject to the consent of the subscriber and strengthens the right of the beneficiary to the contract can be revoked (exceptions, see below). This means that for any contract subject to acceptance by the beneficiary as of 18/12/2007, the subscriber must obtain the consent of the beneficiary if he wants to make a purchase or request an advance . On contracts awarded before that date if there is a clause stipulating the right to buy (which is usually the case), the beneficiary may object to the absence of a waiver of such right by the subscriber. Revocation of possible profit in the following cases: attempted murder, trusteeship or guardianship of the subscriber (since 01/01/2009), ingratitude, birth of children, spousal stipulation.

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