Distinguish between insurance and Heritage

How can we distinguish the legacy from the insurance payment in insurance claim settlement?

Article 64 of China's "insurance law" stipulates: "after the death of the insured, in case of any of the following circumstances, the insurance benefits shall be regarded as the heritage of the insured, and the insurer shall perform the obligation to pay the insurance benefits to the heirs of the insured: (1) there is no designated beneficiary; (2) the beneficiary dies before the insured, and there is no other beneficiary; (3) the beneficiary loses the right to benefit or benefits according to law If there is no other beneficiary who has given up the beneficial right. "

Let's look at these three situations

(1) No designated beneficiary: if the insured has clearly designated the beneficiary, the insurance money does not belong to the estate, but exclusively belongs to the beneficiary. If the insured does not specify the beneficiary, that is, the beneficiary is designated in legal form, then the insurance money will be treated as inheritance.

(2) The beneficiary dies first: the beneficiary dies before the insured, and there is no other beneficiary at the same time. In case of insurance accident, the insurance money will also be regarded as the legacy. In order to avoid this situation, once the beneficiary dies before the insured, the insured should change the beneficiary in time to get the due protection. If the beneficiary and the insured die at the same time in the insurance accident, if there is no evidence to prove that the beneficiary died later than the insured, the court infers that the beneficiary died earlier than the insured, and the insurance money will be divided as the heritage of the insured; if there is evidence to prove that the beneficiary died later than the insured, the insurance money will be distributed as the heritage of the beneficiary.

(3) Bereavement of the beneficiary: the beneficiary loses or abandons the right to benefit in accordance with the law, and there are no other beneficiaries. In real life, it mainly refers to the situation that the beneficiary intentionally creates an insurance accident or voluntarily gives up in order to get the insurance money. At this time, the insurance money belongs to the insured and becomes his legacy after the death of the insured.

From this point of view, whether the insurance compensation belongs to the heritage or not depends on the situation. If there is a beneficiary, it does not belong to the estate; if there is no beneficiary, the beneficiary dies first or the beneficiary loses his right, the insurance payment belongs to the estate.