Legal Question in Wills and Trusts in New York

Does a Will supersede a Life insurance policy?

If the last living parent dies and left a will, does the will supersede life insurance benefits? The parent's will was written after the life insurance was taken out. There are three adult children survivors, only one was named beneficiary on the life insurance policies. The will states that all assets are to be divided equally among the three living children. Do the children who were not designated as beneficiaries have any rights to the life insurance money? Also, what are the responsibilities of the executor of the will, is she responsible for payment of the funeral costs, or does that come out of the life insurance money? Plse respond ASAP


Asked on 4/10/01, 9:56 pm

3 Answers from Attorneys

Norman Nadel Norman Nadel, Esq.

Re: Does a Will supersede a Life insurance policy?

Except in unusual circumstances do the provisions of the Will override the designation provisions of the insurance policy.

From what you describe, the insurance proceeds would go to the one child.

The executor is responsible for the payment of reasonable funeral expenses to the extent money in the estate is available. The recipient of the insurance proceeds is under no obligation to pay the funeral expenses, unless that person agreed to pay.

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Answered on 6/08/01, 4:14 pm

Re: Does a Will supersede a Life insurance policy?

The naming of a beneficiary in a Life Insurance

Policy takes precedence over a provision in

the Will. The naming of a beneficiary

makes the Life Insurance Policy a non-probate

asset. The will controls disposition only

of probate assets.

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Answered on 6/08/01, 5:38 pm
Walter LeVine Walter D. LeVine, Esq.

Re: Does a Will supersede a Life insurance policy?

Certain asset registrations and beneficiary designation supercede the language of a Will, whether the Will was made before or after the asset was acquired. Thus, jointly registered assets (bank accounts, securities, real estate, etc.) and assets carrying a specific beneficiary designation (like life insurance, retirement plans, etc.) are controlled by the registration and/or beneficiary designation, not the terms of the Will. Thus, the life insurance designation would override the Will. However, there is a recent body of law developing sometimes called "accomodation account" law which can override traditional law on account registrations or designations. If it can be established (and litigation may be required) that the intent of the person registering or making the designation was not to make the named person the absolute owner of the asset, but they were named merely to accomodate the person (e.g., a child living locally with others living more remote is named, so access can be had in emergencies or if there was an incapacitating event necessitating someone have access to the asset - or to assure certain bills were to be paid - or if one of the beneficiairies intended to receive a part of the asset cannot have assets in their own name) what is called a constructive trust is imposed on the asset to benefit all heirs, not just the named person. There must be convincing proof of this intent to override the designation. As stated above, a suit may be necessary to establish this intent.

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Answered on 6/11/01, 10:18 am


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