Can life insurance pay off the debts of an estate? | ScriptaLegal
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Frequently asked questions > Succession/Estate > Insolvent estates, renunciation and declaration of heirs > Can a life insurance policy be used to pay off the debts of an insolvent estate?

Can a life insurance policy be used to pay off the debts of an insolvent estate?

It depends on the person to whom the capital of life insurance is payable.

When a beneficiary is validly in the life insurance contract, the capital payable upon death is generally paid to them and does not form part of the estate.

In this case, the insurance capital is generally available to pay the debts of the estate, even if is in deficit.

The letter requesting information regarding life insurance, available

However, when the capital is payable to the estate, it is among the sums that the liquidator take into account when settling the estate. It can then be used to the estate's debts according to the applicable rules.

It is therefore important to check the contract and the beneficiary designation before determining whether the capital should be included in the estate assets.

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