French law defines life insurance beneficiary rules

French law sets clear guidelines for who receives the money from a life insurance policy when the insured person dies. These rules determine how the capital is distributed and whether it becomes part of the deceased’s estate.

Beneficiaries can be named or defined

Beneficiaries in life insurance contracts can be either specifically named or defined by characteristics such as familial status. The law allows for changes to beneficiaries, but these changes must be communicated to the insurer before the policyholder’s death.

Acceptance of beneficiaries is legally binding

Once a beneficiary accepts the designation, it becomes legally binding and cannot be changed. This acceptance must be in writing and signed by the insurer, the policyholder, and the beneficiary. Specific forms are required depending on the contract’s date.

Spousal and partnership status matters

The status of a spouse, PACS partner, or cohabitant is evaluated on the day the insurance payout is due. A divorced spouse may be excluded, and cohabitation must be proven at the time of death. Tax rules also vary based on the insured’s age when premiums were paid.

Children and heirs have specific rights

Children named as beneficiaries must be alive or conceived at the time the contract was signed. If the policy includes representation, their share goes to their descendants. Heirs receive the capital based on their inheritance shares, and the term "heirs" can include successors and universal legatees.

Legal and administrative procedures are strict

Practitioners must ensure that the beneficiary clause is clear, dated, and consistent with other legal documents. The insurer is legally responsible for finding beneficiaries after the policyholder’s death, and AGIRA assists beneficiaries in contacting insurers. Unclaimed funds are eventually transferred to the State after specific time periods.