n South African Law Journal - Life policies and marriages in community of property - who owns the proceeds of the policy on the insured's death? : notes

Volume 127, Issue 2
  • ISSN : 0258-2503
  • E-ISSN: 1996-2177



What is the nature of the interest held by an insured in a life policy when there has been a revocable nomination of a beneficiary? Who owns the proceeds of the policy if the nomination fails and the insured (now deceased) was married in community of property? Do the proceeds fall into the joint estate or does the insured have a separate estate with respect to the proceeds? These questions, which arose in 2009 (6) SA 42 (C), are the focus of this note. Other aspects of this interesting case will not be canvassed here but the case is more fully discussed in my note 'Forfeiture by a beneficiary who conspires to assault with intent to do grievous bodily harm' (2010) 127 30.

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