Can the beneficiary clause of a life insurance contract be modified?
Verified 04 June 2024 - Directorate for Legal and Administrative Information (Prime Minister)
The beneficiary clause is the clause in the life insurance contract that allows you to designate the person(s) who will receive the principal on your death.
You can change the beneficiary clause as long as the person you originally designated has not accepted his or her designation as a beneficiary under the conditions set out in the law.
But once the person you've designated has accepted their designation under the terms of the act, the clause becomes irrevocable and you can't change it.
The law provides for two procedures for accepting the beneficiary clause:
- Signature of a agreeable to the contract by you, the accepting beneficiary and the insurer
- Signature of a written document between you and the accepting beneficiary, followed by your notification to the insurer.
As long as the person you have designated as the beneficiary has not accepted his or her designation, you can change the beneficiary clause at any time.
You can modify the benefit clause in one of the following 3 ways:
- By amendment to the contract
- By authentic instrument
- By will.
The modification of the beneficiary clause is a act of disposition which commits a person's assets, for the present or for the future. As a result, people protected majors must do this with their guardian or their curator.
FYI
Divorce does not automatically involve challenging the former spouse as an accepting beneficiary.
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Designation (Article L132-8) and amendment (Article L132-9) of the beneficiary
Management, administrative and disposal acts
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Institute for Public Financial Education (IEFP)
Supervisory and Resolution Authority (ACPR)