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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9602
Experience:  I have been practising for 30 years.
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I am the named beneficiary of a US policy taken out before

Customer Question

I am the named beneficiary of a US policy taken out before the Will of the now dec'd was made. I am now excluded from being a beneficiary to other parts of the will due to the fact that my husband was a witness.The dec'd mentioned the policy being left to me in his Will, but as the policy which named me as beneficiary was prior to the Will, can I still inherit this please?
Submitted: 10 months ago.
Category: Law
Expert:  F E Smith replied 10 months ago.

If you are named as a beneficiary of the policy, then you inherit regardless of what is in the will, regardless of whether you are an executor, spouse of executor, witness, spouse of witness, whoever.

In fact, you would get the proceeds of the policy even if there was no will.

It is the naming view is beneficiary in the policy which is relevant not anything to do with the will.