保险赔偿金作为遗产继承的实务研究——关于投保人指定“法定”受益人的探讨

Practical Research of Insurance Beneficiary in Inheritance Case

投保人专业知识的匮乏以及保险代理人执业的不规范和保险公司审核保单的疏漏,使得近年来投保人指定受益人为"法定"的情形在人身保险中时有出现。对于保单上受益人一栏为"法定"的情形,宜将其作未指定受益人来理解。保险赔偿金也将作为被保险人的遗产,由在事故发生时被保险人的法定继承人按《中华人民共和国继承法》予以继承。

Because the policy-holder lacks professional knowledge,additionally with irregular behavior of insurance agent and omission occurred in examining the insurance policy,it＇s common to see that the beneficiary is appointed as ＂legitimate＂ in life insurance.The insurant pay to the legitimate successor of insurant according to their explanation when accident stipulated in the contract occurred.Subsequently,the legitimate successor of insurant claim their respective plea for the concept and validity of ＂legitimate＂.Make a general observation to the original intention of lawmaking and essential thoughts of Insurance Law,the ＂legitimate＂ shall be understood as there＇s no beneficiary appointed.The insurance compensation is reasonable to be seen as the heritage of insurant,and be inheritted by legitimate successor of insurant when accident occurred according to the Law of Succession of The Peoples Republic of China.