Can the beneficiary clause of a life insurance contract be modified?

Verified 29 October 2021 - Directorate for Legal and Administrative Information (Prime Minister)

It depends on whether or not the recipient has accepted the designation under the conditions set out in the act.

The beneficiary clause is the part of the contract which allows the person or persons to be designated as receiving capital on the death of the insured, which is usually the subscriber.

The law provides for two procedures for accepting the beneficiary clause:

  • Signature of a agreeable to the contract by the subscriber, the accepting beneficiary and the insurer
  • Signature of a written document between the subscriber and the accepting beneficiary, followed by notification to the insurer

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The beneficiary accepted his designation under the conditions laid down by law

Acceptance of the beneficiary makes the beneficiary clause irrevocable and the subscriber can no longer change it.

Amending the beneficiary clause is an act of disposition which commits a person's assets, for the present or the future. Therefore, protected adults must do so with their guardian or their curator.

The beneficiary did not accept his designation or did not do so under the legal conditions

The subscriber may amend the beneficiary clause at any time. He must inform the insurer of his decision by sending a simple letter.

When the insurer receives the letter, it draws up an amendment amending the beneficiary clause of the initial contract.

Amending the beneficiary clause is an act of disposition which commits a person's assets, for the present or the future. Therefore, protected adults must do so with their guardian or their curator.

FYI  

the divorce does not automatically entail the questioning of the former spouse as the accepting beneficiary.

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