Legal Question in Wills and Trusts in New Jersey

Not sure I completely understand your question...Since you say 2 people are named in a will to split an insurance policy but then say"(no one mentioned in the will)"...??

In any case, as a general rule, a Will does NOT control the disposition of a life insurance policy....Instead, the insurance policy proceeds are paid out to the people listed on the insurance beneficiary form, not the Will....The exception to this would be if the beneficiary form designated the insureds 'estate' as the beneficiary of the insurance.

I agree with Jon that the Will does not control in this situation, the beneficiary designation in the insurance policy controls. If the beneficiary designation names different people from those named in the Will, those named in the Will do not participate.

The life insurance policy beneficiary designation controls whose life insurance company pays. Therefore even though the will and the life insurance policy are different, the life insurance policy controls. That is why is so important to talk with your estate planning attorney when drafting your estate plan and wills to make sure that your other documents match.

I hope this helps!

Ron Cappuccio