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In fact, because the insurance beneficiary is designated at the time of signing the insurance contract, the benefits of the insurance money will belong to the designated beneficiary after the occurrence of an insured event or the expiration of the insurance contract. Therefore, if the insurance beneficiary dies before the insured, and the insured does not change the insurance beneficiary later, or the policyholder does not cancel the insurance contract halfway, and waits until the insured dies and the insured accident occurs, then the money will be used as the insured's estate, and the insurer will pay the insurance money to the insured's heirs. Article 1127 of the Civil Code of the People's Republic of China stipulates that inheritance shall be carried out in the following order:
1) First order: spouse, children, parents;
2) Second order: siblings, grandparents, maternal grandparents.
After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not inherit; If there is no first-order heir, the second-order heir shall inherit.
For the purposes of this Part, the term "children" includes legitimate children, children born out of wedlock, adopted children and dependent stepchildren.
For the purposes of this Part, the term "parents" includes biological parents, adoptive parents and step-parents in a dependent relationship.
The term "siblings" as used in this Part includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.
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If the beneficiary dies before the insured, the insurance benefit is paid according to the legal inheritance.
Insurance Law of the People's Republic of China
Article 42 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.
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.
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Yes. It should be inherited by the heirs of the beneficiary.
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It should be the legal heir of the beneficiary.
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Determine the benefit.
The person who comes precedes the source that is insured.
In the event of death, there is no beneficiary in this policy, and the insurance claim is made.
Zhi is the insured Lin Dao
Juanjuan's estate is inherited by the heirs in the first order, that is, her parents, and if her parents are absent, it is inherited by the heirs in the second order.
The designated beneficiary can be designated by the insured and the policyholder, and the order and share of the benefits can also be designated by the insured and the policyholder, and the designated beneficiary can be one or more.
If the age of the insured declared by the policyholder is not true, and the real age does not meet the age limit agreed in the contract, the insurer may terminate the contract and refund the cash value of the insurance policy in accordance with the contract. The provisions of paragraphs 3 and 6 of Article 16 of this Law shall apply to the insurer's exercise of the right to terminate the contract.
If the age of the insured declared by the policyholder is not true, resulting in the insurance premium paid by the policyholder being less than the insurance premium payable, the insurer has the right to correct and require the policyholder to pay the insurance premium, or pay the insurance premium in accordance with the ratio of the actual insurance premium paid to the insurance premium payable when paying the insurance premium.
If the age of the insured declared by the policyholder is not true, resulting in the insured paying more insurance premiums than the insurance premiums payable, the insurer shall refund the overcharged insurance premiums to the policyholders.
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In this case, it is determined that the beneficiary died before the insured, so there is no beneficiary in this policy, and the insurance claim amount is the estate of the insured Lin Juanjuan, and is inherited by the heirs in the first order, that is, her parents, and if her parents are not there, the heirs in the second order will inherit.
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The immediate family members of the ultimate beneficiary go to the municipal justice office to do justice. Then I will apply for insurance benefits, and it is estimated that I will encounter difficulties and go through the court proceedings. A sad thing.
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Lin Juanjuan's parents are the legal beneficiaries! If your parents are alive, you will pay the compensation to your parents! Without the words of his parents to start the second order heir, his siblings! The benefits are the same!
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The insurance BAI law stipulates that the beneficiary and the insured died in the same event and cannot be determined.
DAO Death Successive Edition.
In the case of the order, it is presumed that the beneficiary dies first. If the beneficiary dies before the insured and there is no other beneficiary, the insurance money shall be regarded as the inheritance of the insured and shall be inherited according to the inheritance law.
Therefore, this case should be inherited according to Lin Juan's estate, and the parents of the first heir Lin Juan should apply for compensation, and if Lin Juan's parents are not there, the second heir's brothers and sisters should apply, and so on.
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by the heirs of the insured.
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