Legal Question in Civil Litigation in Pennsylvania
Personal will
Does a personal will override a named beneficary in an insurance policy
Asked on 10/02/08, 5:17 pm
1 Answer from Attorneys
Roger Traversa
Arjont Group (Law Office of Roger Traversa)
Re: Personal will
You asked whether a will overrides a named beneficiary in an insurance instrument.
No. They serve different purposes and it is the responsibility of the insured party to ensure that there desires are reflected in their testamentary instruments.
It is fairly common for an ex-spouse to benefiot from an insurance policy even when there is a new spouse because the insured party never changed the beneficiary on the policy.
A will, even if it is explicit as to the wishes of the decedent will not over-ride the contractual obligation of the insurer to pay the named beneficiary.
Regards,
Roger
Answered on 10/02/08, 7:05 pm