遗嘱变更保险受益人之法律效力

An Analysis of the Legal Effect of the Insurance Beneficiary Changing by a Will

遗嘱变更受益人是否有效,我国保险立法无明确规定。学者多以遗嘱变更受益人未通知保险人且遗嘱不得处分保险金为由,得出遗嘱变更受益人无效的结论。而各国家立法与司法态度迥异。就我国而言,一方面,立足于我国保险实务与对被保险人意愿之尊重,根据现行相关立法,理应承认遗嘱变更受益人的有效性;另一方面,从遗嘱本身的法律性质而言,遗嘱变更受益人之有效性也并非没有理论基础。为维护保险人正当利益,在保险人未知悉的情形下,遗嘱变更受益人不得对抗保险人。

There is no clear rules in China＇s insurance legislation for the validity of changing the beneficiary by a will. Scholars often come to draw a conclusion of the invalid changing of the beneficiary by a will because the insured do not inform the insurer, and the insured cannot dispose the insurance claims by a will. Different countries have different legislative and judicial attitudes to this problem. As far as China is concerned, on the one hand, based on our insurance practice and respect for the insured wishes, we should admit the legal effect of the insurance beneficiary changing by a will through a reasonable understanding of the current legislation. On the other hand, on account of the legal nature of the will, the insurance beneficiary changing by a will also has theoretical ground. To preserve the insurer＇s proper interests, if the insurer does not know the truth, the changing shall not be against the insurer.