The rights of insurance policy nominees need legal clarity

In the complex world of asset distribution, the rights of nominees, particularly in life insurance policies, have been a subject of ongoing legal debate. Traditionally, nominees have been regarded as trustees, holding the proceeds of an insurance policy temporarily for the rightful legal heirs. However, a significant shift occurred with the 2015 amendment to the…

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Who gets the insurance payout—nominee or legal heirs?

This dilemma stems from the intersection of insurance laws and succession laws, creating a legal gray area. The Insurance Laws (Amendment) Act, 2015, introduced the concept of a “beneficial nominee,” granting immediate family members—spouse, children, or parents—full rights to the policy proceeds. However, succession laws treat a nominee as merely a custodian, requiring them to…

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