What should I do if the beneficiary of the insurance contract is missing?

You can't buy insurance casually, and you will definitely regret buying insurance if you don't know it, and the most basic concept explanation is sorted out here:"Before buying insurance, you must first figure out these key knowledge points! 》

If no beneficiary is designated; Then the insurance company will default to the legal beneficiary; That is, the beneficiaries are selected according to the order of inheritance according to the law.

Among the various concepts of insurance, the first thing to know is the policyholder, the insured and the beneficiary. Next, let's analyze them separately:

1. The concept of policyholder, insured and beneficiary

(1) Policyholder

The policyholder is the person who enters into an insurance contract with the insurer and then has to pay all the insurance premiums. Buying insurance is the same as buying something, there are both buyers and sellers, in which the insurance company is the seller, and the policyholder is the buyer.

(2) Insured

The insured person is covered by the insurance contract and can claim the insurance money. For a small example, Xiaohong bought critical illness insurance for Xiaobai, and Xiaobai was unfortunately diagnosed with a critical illness, and the insurance would lose money, and Xiaobai in this relationship was the insured. The policyholder can be the insured, which means that Xiaohong can buy critical illness insurance for herself, and the policyholder is her, and the insured is also her.

(3) Beneficiaries

The beneficiary refers to the person designated by the insured or the policyholder in the life insurance contract to have the right to claim the insurance money. For example, Xiaobai suffered from a critical illness, and before that, Xiaohong bought a critical illness insurance for Xiaobai, and Xiaohei was the beneficiary, and this insurance had to pay money to Xiaohei.

II. Restrictions on Policyholders, Insureds, and Beneficiaries

Policyholder

In order to conclude an insurance contract, the policyholder must meet the premise of having an insurance interest in the insured, and in this regard, according to article 31 of the Insurance Law, the following persons can be insured:

Insured

The insured must have the capacity for civil conduct before he can purchase life insurance.

The insured has the obligation to make a truthful health notice before applying for insurance, otherwise the claim of the policy may not be too smooth"Is the health notice of the insurance company making it difficult for us? 》

Beneficiary

Beneficiaries are divided into legal beneficiaries and designated beneficiaries.

The legal beneficiary is to let the legal heir as the beneficiary, and the following order of inheritance is stipulated in the Inheritance Law:

First order: spouse, children, parents.

Second order: siblings, grandparents, maternal grandparents.

The beneficiary designation of the policy is in the policyholder and the insured, and the order of the benefits and the share of the benefits can also be designated by the insured and the policyholder, and the designated beneficiaries can be one or many.

Tangled beneficiaries don't know who to write can read:How to designate an insurance beneficiary? 》Hope!

Five years ago, Miss Ma, who was still single, insured an accident life insurance product of 150,000 yuan from an insurance company. At that time, she filled in the beneficiary column in the insurance contract as "statutory". At the beginning of this year, Miss Ma unfortunately died in a traffic accident, and the insurance company determined that it was an insurance liability, so she was ready to pay 150,000 yuan in compensation.

But unexpectedly, there was a disagreement on the distribution of insurance money.

Ms. Ma got married last year. As a result, there is a dispute between these stakeholders over whether the compensation should go to her parents, her lover, or whether it should be divided proportionately between the two parties. Ms. Ma's parents believed that their daughter was single at the time of the insurance, and the original intention of filling in "statutory" was to use her parents as beneficiaries, while Ms. Ma's lover believed that since they were married, as husbands, they were Miss Ma's legal heirs.

The parties went to court, and the court finally ruled that since Ms. Ma had filled in the beneficiary column of the insurance contract as "statutory" and was an uncertain beneficiary, the insurance money was to be inherited by Ms. Ma's parents and husband in equal amounts in accordance with the Inheritance Law.

Although insurance companies accept the "legal heir" and the like, according to the Insurance Act, the designation is the only prerequisite for the creation of a beneficiary. The legal heirs are not appointed and therefore do not have the general characteristics of a beneficiary. Therefore, in this case, it is considered that "no beneficiary has been designated", and the insurance money should be treated as an inheritance according to the regulations.

In this case, some people may wonder, does this not coincide with the wishes of the insured or the policyholder? Isn't it always the legal heirs of the insured who receive the death insurance benefits? In fact, it is not, because the nature of the insurance money has been transferred to the inheritance at this time, and the heirs may have to bear some unexpected expenses.

In practice, for the sake of "safety", most insurance companies generally require all insurance applicants to produce relevant notarial deeds of inheritance in order to determine the legal heirs. As a result, the heirs need to bear a large notary fee.

In insurance practice, changes in policyholders, insureds, and beneficiaries are the most common, and the situation varies between property and life insurance contracts.

Beneficiaries in life insurance.

Because the life or body of the insured is the subject of insurance, the change of the insured may lead to the termination of the insurance contract, therefore, in life insurance, it is generally not allowed to change the insured.

The change of the subject of the life insurance contract mainly involves the change of the policyholder and the beneficiary

1. Change of policyholder.

As long as the new policyholder has an insurable interest in the insured and is willing and able to pay the premium, the life insurance contract may be assigned, provided that the insurer is notified. However, in the case of an insurance contract in which death is a condition for the payment of insurance benefits, the insured can only be changed with the written consent of the insured.

2. Change of beneficiary.

The beneficiary is appointed by the insured, or with the consent of the insured, and its change depends mainly on the will of the insured. The insured or the policyholder may change the beneficiary at any time without the consent of the insurer, but the policyholder must obtain the consent of the insured when changing the beneficiary. However, in any case, the insurer shall be notified in writing of the change of beneficiary, and the insurer shall make an endorsement on the insurance policy after receiving the written notice of the change of beneficiary.

The beneficiary in property insurance.

The transfer of ownership of the subject matter of insurance due to legal acts such as the sale, transfer, and inheritance of insured property, thereby causing a change in the policyholder or the insured. The main form of an insurance contract is an insurance policy, so a change in the policyholder or insured person will involve the assignment of the insurance policy.

There are two different ways to do it:

01 Insurance policies are allowed to be automatically transferred with the transfer of ownership of the subject matter of insurance.

The policyholder and the insured can also be automatically changed with the transfer of the subject matter of insurance, and the insurance contract continues to be valid without the consent of the insurer.

02 The assignment of the insurance policy is valid only with the consent of the insurer.

For most property insurance contracts, since the insurance policy is not an accessory to the subject matter of insurance, after the transfer of ownership of the subject matter of insurance, whether the new property owner meets the insurer's underwriting conditions and can become the new insured needs to be examined to determine whether the policy can be transferred to the new property owner.

Therefore, the policyholder or the insured must obtain the consent of the insurer before the insurance contract can continue to be valid.

If you don't know how to change it, you can find a professional insurance person. In the future, if there is a claim, payment, replacement of beneficiary or additional insurance, the insurer can provide the most professional and convenient planning, and timely and effective services.

1. The beneficiary on the insurance policy can be changed, but it can only be changed with the consent of the insured.

2. The insured shall bring the relevant information to the counter of the insurance company for the change of beneficiary;

3. The insured's ID card, insurance contract, fill in and change the information of the insured, and the new beneficiary will take effect after the insurance company agrees.

If the policyholder or insured person does not designate a beneficiary, his legal heirs are the beneficiaries. The insurance money received by the beneficiary after the death of the insured shall not be used as the estate of the deceased to pay off the debts of the deceased during his lifetime, and no one other than the beneficiary shall have the right to share in the insurance money. In the insurance contract, the beneficiary only has the right and is not obliged to pay the premium.

If the beneficiary dies before the insured, the beneficiary shall be returned to the insured, or the policyholder or the insured shall designate a new beneficiary, and the beneficiary's heirs shall not inherit the beneficiary rights.

According to Article 42 of the Insurance Law of the People's Republic of China, after the death of the insured, in any of the following circumstances, the insurance money shall be regarded as the inheritance of the insured, and the insurer shall perform the obligation to pay the insurance money in accordance with the provisions of the Inheritance Law of the People's Republic of China:

1) There is no beneficiary designated, or the beneficiary designation is unclear and cannot be determined;

2) The beneficiary dies before the insured and there are no other beneficiaries;

3) The beneficiary loses or gives up the beneficiary right in accordance with law, and there is no other beneficiary.

Life insurance generally has a strong savings nature, and this money can be taken out. In life insurance, it is necessary to have a beneficiary fill in because the policyholder may die. Generally speaking, if the beneficiary is not filled, the insured is the beneficiary.

So whoever is the insured is the beneficiary. If your father writes that he is insured, since he is no longer alive, he only needs to prove that he is dead. But the funds count as the father's property.

When it comes to inheritance, your mother, siblings, and grandfather all have the right to inherit. So you need to prove that these people don't want the money.

The so-called format is actually relatively simple, and generally only normal supporting documents are required. You can write one by one, your mother, brothers and sisters, and explain in the document who you are, what your relationship is with your father, what kind of funds your father has, and that you have the right to inherit, and that you are now voluntarily giving up and will not participate in this distribution in the future. Write his name, sign it, indicate the attester, and make several copies.

It is recommended that you gather all the people who have the right to inherit together, write an agreement, stating who Party A, B, C and D are, who has the property, who could have inherited it, and now give you all the money, and the other real estate companies will give up, sign and draw, who the certifier is, and what in triplicate. Date and time. If it can be notarized, a notarization is more effective than anything.

It is important to note that the insurance money can never be equated with an inheritance, the basic difference is that if your father writes the beneficiary as you in the insurance contract, then you do not have to share the insurance money equally with anyone. If your father owes money, he does not need to pay for it with your income insurance money, and the estate needs to be passed on to someone else.

If the beneficiary is not designated, the death claim will be treated according to the estate, and the first legal heirs are the parents, spouse and children of the insured, and the survival is counted, so the insurance company generally needs two documents, one is the family member description document, which can be issued by the neighborhood committee or police station, and the other is the inheritance declaration document signed by all the heirs, which can be signed by yourself.

If the life insurance contract does not specify the beneficiary, it shall be inherited by the beneficiary in accordance with the provisions of the General Principles of the Civil Law. Therefore, this certificate is only used to prove the relationship between the insured and the beneficiary. Therefore, this proof should actually be very well written.

First of all, it is necessary to clearly state the signing of the insurance contract, and secondly, it is necessary to clearly state the current basic information of the insured, including children, spouse, etc. The most important thing is to write down why and who is going to collect it, whether the person has the relevant qualifications, etc. Then it is enough to provide the relevant proof.

If you don't write the beneficiary. If the money goes into legal inheritance, then your mother, your father's parents and your father's children will have equal inheritance rights to the money. If everyone else doesn't want the money. If you give up, of course, you can do it.

I don't think there should be a specific format, just explain the specific situation, and sign the waiver.

There are two types of insurance beneficiaries: designated and statutory, and the designation is better than the statutory. If the beneficiary is designated, the insurance company will receive compensation in the event of the death of the insured. In the case of legal beneficiaries, the situation is different.

If the insured person has outstanding debts, the death benefit will be repaid first. Therefore, when applying for insurance, it is best to designate a beneficiary and leave a survival guarantee for your nearest and dearest people in the form of insurance money. Legal beneficiary means:"If the insured person does not designate a beneficiary, his legal heirs will be the beneficiary"。

According to the law, the insurance company shall perform the insurance money obligation in accordance with the relevant provisions if there are any of the following circumstances: the beneficiary is not designated, or the beneficiary designation is unclear and cannot be determined; The beneficiary dies before the insured and there are no other beneficiaries; The beneficiary loses or gives up the right to benefit in accordance with law, and there is no other beneficiary. Therefore, if the insurance beneficiary is not written on the insurance policy, the insurance money obtained will be divided equally among the spouse, children, parents, etc. as an inheritance in accordance with the relevant provisions of the Inheritance Law.