Term Insurance

What is a nominee in insurance: A complete guide

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By Upstox Desk

5 min read | Updated on January 09, 2025, 12:49 IST

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SUMMARY

Arjun Sharma, a 35-year-old from Pune, recently bought a life insurance policy. While reviewing the documents, he found a section asking him to fill out a nomination form, which puzzled him. He assumed the benefits would automatically go to his wife and children in case of his death. Unsure why this additional step was needed, Arjun sought clarity and contacted his insurance advisor for an explanation.

It is a common misconception that policy benefits automatically get transferred to the family in the unfortunate event of a policyholder’s death. While there are laws that govern un-nominated policy claims, it is always better to have a clear nomination on a term insurance policy.

Here is everything you need to know about the concept of a nominee and its impact on your insurance policy.

Who is a nominee?

A nominee is the person who is supposed to receive the ‘sum assured’ or the policy benefits in the event of the policyholder's death. The nominee is named when opting for a term insurance plan.

Can you have more than one nominee?

Yes, a policyholder is allowed to have more than one nominee. The policyholder can also define the percentage share for each nominee. However, if the policyholder does not define the percentage share for each nominee, each nominee will get an equal share.

For instance, if there are four nominees and no percentage is assigned, each would receive 25% of the policy proceeds.

Can a minor be a nominee?

A minor (a person under the age of 18 years) can be named a nominee in a term insurance policy. However, the policyholder will then have to appoint a guardian on behalf of the minor.

What if the nominee dies before the policyholder?

If the nominee dies before the policyholder, the nomination becomes void. In such cases, the policyholder must update the nomination details with the insurance company. It is a straightforward procedure that requires the policyholder to submit a fresh nomination form and the previous nominee's death certificate.

Does nomination automatically shift to a spouse after marriage?

Marriage is not considered to invalidate the nomination made in a term insurance policy before the marriage. So, if you want to include your spouse as a nominee in your insurance policy, you must update the nomination formally with the insurance company.

Is a nominee required to be a blood relative?

There is no legal requirement for a nominee to be a blood relative. A policyholder can nominate anyone they wish. So to say, anyone can be a nominee for your term insurance policy, including family, friends, colleagues, or even a charitable organization.

Can a will override nomination?

As per the provisions of the Indian Succession Act of 1925, a will can override a nomination. This is because, per Indian law, the nominee is generally considered a trustee of the benefits, not the ultimate owner. A will is a document containing the ultimate wishes of the policyholder, making it a superior document in the eyes of the law. Therefore, the distribution of assets will follow the will if it exists.

Can you change the nominees over the years?

You can change nominees multiple times during the policy or investment term. The latest nomination registered will be considered valid. To make the change, you must submit a new nomination form and provide policy details and valid identification. Though rare, some insurers may also require the previous nomination acknowledgement.

Do you need the consent of the person before naming them the nominee?

As nomination is the policyholder's sole decision, they are not required to attain the person's consent before naming them the nominee. However, discussing these matters with the nominee beforehand is advisable, especially if the nominee is a close person. It helps to avoid any confusion in claim filing later.

Can a nominee withdraw their nomination?

Again, as nomination is the policyholder's sole decision, nominees cannot withdraw their nomination. The nomination is a declaration by the policyholder, and the nominee does not have the authority to revoke it.

What happens if the policyholder does not appoint a nominee?

Suppose the policyholder does not appoint a nominee. In that case, the policy's benefits will be distributed to the legal heirs per the succession laws applicable to the policyholder's law (e.g., Hindu Succession Act, Muslim Personal Law, or Indian Succession Act). It may lead to delays as legal heirs must provide documents like a succession certificate or court order to claim the benefits.

Can the nomination be contested? If so, then on what grounds?

Yes, a nomination can be contested in certain situations, such as:

Fraud or Undue Influence: If it is proven that the nomination was made under duress, coercion, or fraud.
Invalid Nomination: If the nomination does not comply with legal requirements (e.g., the nominee is not identifiable or the form is improperly filled).
Contradiction with a Will: If a valid will exists that overrides the nomination and specifies a different distribution of benefits.
Legal Heir Claims: Legal heirs may contest the nomination if they believe the nominee is only a trustee and not entitled to ownership of the benefits.

Courts generally uphold the rights of legal heirs in such cases unless the policy explicitly states otherwise.

About The Author

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Upstox Desk is a team of expert writers dedicated to providing insightful and comprehensive coverage on stock markets, economic trends, commodities, business developments, and personal finance. With a passion for delivering valuable information, the team strives to keep readers informed about the latest trends and developments in the financial world.

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