Can a will override a life insurance policy regarding beneficiaries?

My father in law had a life insurance policy that stated who the beneficiaries were. A few months ago he re-wrote his will and in the will stated that he no longer wants the original beneficiaries but rather some other ones. The policy was never changed, and he is now deceased. Do we go with the policy or the will?

The life insurance policy is a separate contract between the policy holder, your late father-in-law, and the insurance company. They pay the monies to the beneficiary stated on the policy regardless of what the will states. The policy is not part of the estate. You have to follow them both. The only time the life insurance monies would be divided amongst those named in the will is if the policy stated that the payment be directed to the policy holder's estate. (This is not that common.)

I know of a few people that had life insurance policies pay out to someone other than who was named in the will. In some cases it was because of the policy holder's wishes... and in other cases it was because the policy holder did not update the life insurance beneficiary information when there was an event in their life that changed their relations.

One specific case... a former girlfriend was paid a life insurance policy because a woman's husband neglected to update the policy when he got married to someone else years after it was first taken out. The wife had no claim against the insurance company.

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The insurance policy company is obligated to pay the proceeds to the beneficiaries listed on the policy regardless of what the will says. His attorney should have explained that to your father-in-law (and probably did). Perhaps the attorney believed that your Father-in-Law was going to change the beneficiaries or perhaps that was your Father-in-Law's intention but if he didn't change the beneficiaries before his death, then the original beneficiaries stand.

concys, I'm not a lawyer, and that's probably what you need.

My understanding is that the will distributes assets separately from the insurance policy. If he did not change the policy, the recipients named in it are the ones who get the pay-out.

But really, it's worth a phone call to an attorney. Find one who does estate planning; he or she will know this stuff cold.

Unless the policy went to the estate the life insurance goes to whoever is listed as the beneficiary, The Will and the insurance are two different things.

No. Beneficiaries take precedence over a will.

A will and life insurance are separate. But call a probate lawyer in your state.