Can a Life Insurance Beneficiary Be Changed After Death?


Enter your ZIP code to get started

Shield

Free. Simple. Secure.

When purchasing life insurance, carefully considering who will receive your assets or the payout (a "death benefit" from your policies) is wise. Generally, a beneficiary designation cannot be changed or corrected once you pass away. The designation of a beneficiary is legally binding, and the insurance company pays out the death benefit according to the policyholder's latest valid designation.

Sometimes, a life insurance beneficiary dispute may arise if someone challenges the named beneficiary in a life insurance policy. A dispute could be due to suspicion of fraud, belief of being unjustly excluded or perceived errors in the policy. In such cases, the party seeking to contest the life insurance beneficiary must prove their claim in court.

Key Takeaways

blueCheck icon

A life insurance beneficiary is the person or entity designated to receive the death benefit from a life insurance policy.

blueCheck icon

A life insurance beneficiary can be changed after death only through legal contestation and court order.

blueCheck icon

Those who can contest a life insurance beneficiary may include the policyholder's estate, co-beneficiaries, spouses, children and creditors.

When Can a Life Insurance Beneficiary Be Changed After Death?

A life insurance policy is a binding contract that specifies who will receive the death benefit. However, a few instances exist when another party can contest the life insurance beneficiary upon the policyholder's death.

A contestation is a legal challenge to the named beneficiary on a life insurance policy. It typically comes about when someone believes they were unjustly excluded or when there's suspicion of fraud or manipulation. The contesting party must present their case in court for resolution.

Changing a beneficiary on life insurance can occur after death through contestation due to the following reasons:

  • Policy Terms and Conditions: If the policy explicitly allows changing the beneficiary on life insurance after the policyholder's death, the update can proceed.
  • Beneficiary Disclaimer: If a beneficiary disclaims the benefits, the insurance company will distribute them to the contingent beneficiaries of the life insurance (secondary beneficiaries) or the policyholder's estate.
  • Invalid Beneficiary Designation: A court may rule to change the life insurance beneficiary if the initial beneficiary is not legally valid.
  • Court Orders: In divorce or child support obligations, a court might order a change in the beneficiary of a life insurance policy.
  • Suspected Fraud or Undue Influence: A court might allow a change of life insurance beneficiary if a policyholder was manipulated or coerced into naming a specific beneficiary.
  • Minor Beneficiary: If the life insurance beneficiary is a minor, the estate can appoint a legal guardian to manage the proceeds until the child reaches legal age.

Each case is subject to different state laws and specific life insurance rules about beneficiaries, so it may be best to consult a legal professional or insurance expert to understand your situation.

Who Can Contest a Life Insurance Beneficiary?

The right to contest a life insurance beneficiary designation is generally limited to those with a legitimate and direct interest in the policy proceeds. Here's a list of people who typically have standing to challenge a life insurance beneficiary:

    buyingAHouse icon

    Policyholder's Estate

    The executor or administrator of the estate might step forward to contest the life insurance beneficiary if the policy proceeds were intended to be part of the overall estate.

    coupleG icon

    Co-Beneficiaries

    When multiple beneficiaries are involved, a life insurance beneficiary dispute can arise, especially if there are concerns about fraud or undue influence. In such cases, a co-beneficiary can legally contest the life insurance beneficiary designation.

    coupleS icon

    Spouses or Ex-Spouses

    Depending on the terms of a divorce decree or marital property rights, a current or former spouse might have grounds to contest the beneficiary of a life insurance policy. This is especially possible if spouse beneficiary rules are not followed.

    family icon

    Children of the Policyholder

    Children may have the right to contest if they were excluded as beneficiaries, especially when a new spouse is the primary beneficiary of the life insurance.

    payingOffALoan icon

    Creditors

    If the deceased owed significant debts, creditors may contest a life insurance beneficiary designation in an attempt to collect on their debt.

    businessOwner icon

    Other Entities With a Valid Claim

    Business partners, charitable organizations or others named in a will or previous policy, which the latest policy omits, may contest the life insurance beneficiary. This can include cases of naming a trust as a beneficiary for life insurance is involved, but the trust is later omitted.

Anyone considering contesting a life insurance beneficiary may benefit from consulting a lawyer specializing in life insurance claims. Legal professionals can offer clarity on life insurance beneficiary rules and the specifics of contesting life insurance beneficiary designations, ensuring adequate representation of your rights and interests.

How to Change a Life Insurance Beneficiary After Death

A contest can trigger a possible change in a life insurance beneficiary. This involves a complex legal process, potentially leading to a court-ordered beneficiary adjustment.

  1. 1
    Identifying Grounds for Contest

    The person who wishes to contest the life insurance beneficiary designation first determines if there are legitimate reasons for the contest. Grounds for contesting include suspected fraud, coercion or an invalid designation, such as when the beneficiary of a life insurance policy is deceased or legally incapable.

  2. 2
    Filing a Lawsuit

    The contesting party files a lawsuit against the insurance company and possibly against the named beneficiary of a life insurance policy. The lawsuit should present arguments and evidence supporting their claim.

  3. 3
    Court Evaluation

    The court evaluates the evidence and arguments. If the contest is found valid, the court can order the insurance company to pay the death benefits to a different beneficiary. This may lead to a change in life insurance beneficiary, potentially directing the proceeds to a contingent life insurance beneficiary if one is designated. Appointment of the estate as the beneficiary of life insurance is also possible if there is no valid contingent beneficiary or the court deems it appropriate.

  4. 4
    Implementing the Court Order

    The insurance company then must follow the court's order to pay the death benefits to the new beneficiary designated by the court. For example, if a minor life insurance beneficiary is involved, the court might designate a guardian to manage the funds until the beneficiary reaches adulthood.

Each step involves navigating the specific life insurance beneficiary rules. Consulting a legal professional is often recommended to understand the intricacies of life insurance policy beneficiary rights and ensure the appropriate course of action.

How to Protect a Life Insurance Beneficiary

Getting a life insurance policy can be a key part of financial planning, serving as a safety net for your loved ones. Taking some extra steps can help ensure that your chosen life insurance beneficiaries receive the death benefits in the event of a tragic loss.

  • Specify Your Beneficiaries: Your policy should clearly state the full names of your beneficiaries to avoid any ambiguity.
  • Update Your Policy: Keep your policy current. Review and update it regularly, especially after significant life events like the death of a beneficiary, birth of a child, marriage or divorce.
  • Appoint an Irrevocable Beneficiary: An irrevocable beneficiary cannot be changed without their consent, providing an additional layer of security against disputes.
  • Use per Stirpes or per Capita Designations: If the beneficiary dies before the insured, their share will go to their descendants (per stirpes) or be distributed equally among remaining beneficiaries (per capita).
  • Communicate Your Decisions: Let your family and loved ones know about your life insurance policy and your choice of beneficiaries. This openness can help avoid disputes later.
  • Hire a Professional: Consult with a financial advisor or an attorney specializing in estate law. They can guide you in structuring your policy to meet your goals and protect your life insurance beneficiaries.
  • Set Up a Trust: If you have concerns about a beneficiary’s ability to manage the proceeds, consider creating a trust. You can designate the trust as the beneficiary of your policy and stipulate how, when and for what purposes the money can be used.

The best defense against beneficiary contests can be a well-structured and regularly updated life insurance policy.

FAQ

Although it's typically not possible to change a life insurance beneficiary after the policyholder's death, there are circumstances when someone else may contest the beneficiary. Below are commonly asked questions to help you better understand life insurance beneficiary designations and how a beneficiary contest works.

FAQ About Life Insurance Beneficiary

What is a beneficiary for life insurance?
Who can be a life insurance beneficiary?
Do you need a Social Security number for a life insurance beneficiary?
How do you split life insurance beneficiaries?
Which type of life insurance beneficiary requires the beneficiary's consent when a change of beneficiary happens?
What is a contingent beneficiary for life insurance?
Can a child be a contingent beneficiary?
What types of expenses can your life insurance beneficiary pay for with the benefit?
Who gets life insurance if the beneficiary is deceased?
Under which beneficiary designation are a policyholder's rights limited?
What happens if the beneficiary dies before the insured?
What happens if there is no beneficiary on a life insurance policy?
Can the owner of a life insurance policy be the beneficiary?
Is your spouse automatically your beneficiary on life insurance?
Can parents be beneficiaries on life insurance?
How many beneficiaries can be on a life insurance policy?
What happens if you have two primary beneficiaries and one dies?
What happens to a life insurance policy when the owner dies?
How much does a beneficiary receive?

FAQ About Contesting a Life Insurance Beneficiary

Can a life insurance beneficiary be changed after death?
Can a life insurance beneficiary be contested?
Who can contest a life insurance beneficiary?
On what grounds can a life insurance beneficiary be changed after death?
How long do interested parties have to contest a life insurance beneficiary?
What is the process for contesting a life insurance beneficiary?
Who can change the beneficiary on a life insurance policy?
Can a spouse override a beneficiary on a life insurance policy?
Can a power of attorney change a beneficiary on a life insurance policy?
Can a will change a life insurance beneficiary?
How will divorce change a life insurance beneficiary designation naming a spouse?
When can a policyholder change a revocable beneficiary?
Who can change an irrevocable beneficiary?
Can a life insurance policy be contested?

About Mark Fitzpatrick


Mark Fitzpatrick headshot

Mark Fitzpatrick is a Licensed Property and Casualty Insurance Producer and MoneyGeek's Head of Insurance. He has analyzed the insurance market for over five years, conducting original research and creating personalized content for every kind of buyer. He has been quoted in several insurance-related publications, including CNBC, NBC News and Mashable.

Fitzpatrick earned a master’s degree in economics and international relations from Johns Hopkins University and a bachelor’s degree from Boston College. He is passionate about using his knowledge of economics and insurance to bring transparency around financial topics and help others feel confident in their money moves.