-
The money will be inherited by the insured's estate, and if there is no heir, it will be done in accordance with the provisions of the inheritance law, that is, it will be handed over to the state treasury.
-
Dude, the beneficiaries are all dead, no one has come to claim, what else will the insurance company pay, it's too late to laugh.
-
There is no problem if the beneficiary dies, as long as the insured is fine. I feel that if there is such a person, what do you want to do with insurance, it is quite boring to live, and you basically don't have this assumption.
-
Your question is so poisonous, I really haven't thought about it, I'm sorry.
-
Buying insurance is not a trivial matter, it is easy to step on the thunder if you buy it easily, you must first figure out these contents before buying insurance:"Before buying insurance, you must first understand these key knowledge points!".》
There are so many different concepts of insurance, and the first thing to know is the policyholder, the insured and the beneficiary. Next, let's analyze the analysis
1. The concept of policyholder, insured and beneficiary
(1) Policyholder
The person who concludes an insurance contract and subsequently pays premiums to the insurance company is the policyholder. To put it simply, buying insurance is also buying something, there are sellers and buyers, where the buyer is the policyholder, and the seller is the insurance company.
(2) Insured
The insured is the object of protection under the insurance contract, and the insured has the right to claim the insurance money. For example, Xiaohong bought a critical illness insurance for Xiaobai, and if Xiaobai suffers from a critical illness, this insurance will lose money, in which Xiaobai is the insured. The policyholder can be the insured, which means that Xiaohong can be the policyholder and the insured by herself, and buy insurance for herself.
(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, Xiaohong buys Xiaobai a critical illness insurance for which Xiaobai is the beneficiary, and Xiaobai has a critical illness, Xiaohei can claim compensation from the company where the insurance is located.
II. Restrictions on Policyholders, Insureds, and Beneficiaries
Policyholder
Having an insurance interest in the insurer is a prerequisite for the policyholder to conclude an insurance contract, and in this regard, in the provisions of the Insurance Law, the policyholder may insure the following persons:
Insured
If the insured does not have the capacity for civil conduct, he cannot buy life insurance for him.
The insured has the obligation to make a truthful health notice before applying for insurance, otherwise it will affect the claim of the policy"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 meaning of beneficiary is that the legal heir is the beneficiary, and the following is the order of inheritance stipulated in the Inheritance Law:
First order: spouse, children, parents.
Second order: siblings, grandparents, maternal grandparents.
Both the insured and the policyholder can designate a beneficiary, and the order of benefits and the share of the benefits can also be designated by the insured and the policyholder, and the designated beneficiary can be one or more.
The beneficiary of the insurance cannot be designated randomly, specific strategy:How to designate an insurance beneficiary? 》Hope!
-
In the end, the beneficiary of the insurance is not there, and who benefits in the end should be judged on a case-by-case basis. If both the policyholder and the insured are present, the beneficiary can be re-designated. If it is not there, the insurance money will be inherited as the beneficiary's estate according to the law.
The death of the insurance beneficiary needs to be notarized by the relevant heirs before the beneficiary can be changed. After the death of the beneficiary of the insurance contract, the legal heirs of his or her assets can be the beneficiaries of the insurance compensation.
According to the Insurance Law of the People's Republic of China.
Article 42 In the event of the death of the insured, in any of the following circumstances, the insurance money shall be regarded as the inheritance of the insured and shall be carried out by the insurer in accordance with the Civil Code.
provisions for the fulfillment of the obligation to pay insurance benefits:
1) There is no indication that the beneficiary is vacant, 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 the right to benefit in accordance with the law or gives up the right to benefit from the uproar, and there is no other beneficiary.
If the beneficiary and the insured die in the same event and the order of death cannot be determined, the beneficiary is presumed to have died first.
Test your anti-risk index, experts will interpret it for you for free!
-
Legal Analysis: The insurance does not write the beneficiary by his legal heirs as the beneficiary. The beneficiary of life insurance is generally designated by the insured or the policyholder.
If no beneficiary is designated, the legal beneficiary, i.e., spouse, parents and children, shall inherit in order. If the beneficiary intentionally causes the death, disability or illness of the insured, the beneficiary loses the right to benefit. If you need to change, you can bring your ID card and a copy of the ID card of the beneficiary to the insurance company to go through the procedures for changing the beneficiary.
Legal basis: Article 41 of the Insurance Law of the People's Republic of China The insured or the policyholder may change the beneficiary and notify the insurer in writing. After receiving the written notice of the change of beneficiary, the insurer shall make an endorsement or attach an endorsement to the insurance policy or other insurance certificate.
The policyholder's consent to change the beneficiary is subject to the consent of the insured.
-
Summary. Hello.
If a judgment is made without authorization, it will infringe upon the rights and interests of the primary beneficiary if the policyholder or the insured is directly determined to have insurance interests.
I would like to inquire about whether the beneficiary can make the claim on his own without any authorization from the insured.
Hello. If, without authorization, the bank directly determines that the policyholder and the insured have insurance interests and makes a judgment, it will infringe on the rights and interests of the first beneficiary.
This is a no-no.
I would like to inquire if the insured has the capacity to act without any authorization, and the beneficiary can make the claim by himself.
Whether you are a beneficiary or an insured.
I am insured.
No, you cannot. This is an infringement of the rights and interests of the insured.
Rights protection litigation may be conducted.
You're better off canceling the insurance or suing for action.
I hope you can give me a like, your like is very important to me, I wish you a happy life, thank you very much!
Are you now convenient for voice 1-to-1 calls? If it is convenient, we can communicate with voice calls, which will solve the problem more clearly, simply and quickly
-
The Insurance Law of the People's Republic of China stipulates that if there is no beneficiary named in the insurance contract, the insurance money will be regarded as the insured's estate after the death of the insured. The details are as follows:
1. Article 24 of the Insurance Law: No unit or individual shall illegally interfere with the insurer's performance of the obligation to compensate or pay insurance money, nor shall it restrict the right of the insured or beneficiary to obtain insurance money.
Article 5 of the Draft Inheritance Tax Law: The total amount of inheritance tax payable shall not be included in: (4) the insurance money obtained by the decedent from applying for life insurance.
2. If the insured or beneficiary does not exist at the same time, then the insurance money will be received by the insured's estate heirs as the insured's legacy, that is, the insurance money will be distributed as the insured's estate.
Extended reading: [Insurance] How to buy, which one is better, teach you to avoid these insurance"pits"
-
China's Insurance Law does not stipulate that the beneficiary shall have an insurable interest in the subject matter of insurance, but only defines what a beneficiary is. Article 21 of the Insurance Law stipulates that a beneficiary refers to a person designated by the policyholder or the insured in the life insurance contract to enjoy the right to claim insurance money, and the policyholder and the insured may be the beneficiary. The beneficiary defined in the Insurance Law is a beneficiary in a broad sense, and the beneficiary discussed here is a beneficiary in a narrow sense, that is, a recipient of death insurance benefits.
In order to prevent moral hazard, Anglo-American insurance legislation requires not only that the parties to the contract have an insurable interest in the subject matter of the insurance, but also that the beneficiary have an insurable interest in the subject matter of the insurance. Generally speaking, when the insurance contract is concluded, the beneficiary has no insurance interest in the subject matter of the insurance, which does not affect the validity of the insurance contract, but the beneficiary is not entitled to the right to claim insurance money. China's "Insurance Law" stipulates that the beneficiary may be designated by the policyholder or the insured, in order to prevent moral hazard, avoid the beneficiary from posing a threat to the life or health of the insured in order to obtain the insurance money, and protect the life safety of the insured, the life insurance contract with death as the condition of payment shall stipulate that the beneficiary must have an insurance interest in the insured, otherwise he shall not enjoy the right to claim the insurance money.
The law is exquisite: "whoever asserts who bears the evidence", that is, if someone says that you hit someone, he must have evidence to prove that you hit someone, not that you prove that you did not hit someone, this is the truth, if he has a witness, you have to find evidence to show that you did not beat someone, understand? ?
Buried pole seedling: suitable for clumping bamboo species. Method: >>>More
Pay attention to avoid going to those famous attractions, you must wear a mask, disinfect frequently, it is best to bring alcohol wipes, and avoid contact with others, my advice is not to play. Because the epidemic in China has not completely disappeared, and it is still very scary, it is better to play for a few days less than to get sick. >>>More
Sissy fist garbage? 90 Abyss Epic ** is the number one in the first row, or Shengyao is the best, I don't have a hundred battles for my mother's fist. Self-made 90 boxing gloves are the most rubbish and the most stylish.
This isn't much of a relationship! It's just being tricked! What a sad story! Online dating is not real love! See the facts.