August 9, 2020

Beneficiary designations quietly override your will

Retirement accounts and life insurance pass by designation, not by will. If those forms are out of date, the rest of your plan may not matter.

An old photograph of a brick house with ivy and trees.

Most people write a will, feel finished, and never open the account forms again. That is where estate plans quietly come apart.

How the override works

A beneficiary designation is a contract between you and the institution holding the account. When you die, that contract controls. A will only governs what is left over, which means an old form can send a retirement account somewhere your will never intended.

The accounts this applies to

It is a longer list than people expect, and it usually covers the largest balances a family has.

  1. 401(k), 403(b), IRA, and most other retirement accounts.
  2. Life insurance policies and annuities.
  3. Transfer-on-death and payable-on-death bank and brokerage accounts.
The form beats the will. Every time.

Pull every form, read the named beneficiary out loud, and check the contingent beneficiary too. Marriages, divorces, and new children all make old forms wrong.

  • Review designations after any marriage, divorce, birth, or death in the family.
  • Name a contingent beneficiary, not just a primary one.
  • Ask an attorney before naming a minor child directly on an account.
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