Beneficiary Designations and Estate Planning

Beneficiary Forms Can Control Major Assets

An estate plan is more than a will or trust. Retirement accounts, life insurance policies, annuities, and certain financial accounts may pass according to beneficiary designations rather than under the distribution provisions of a will.

That makes beneficiary review one of the most important—and most frequently overlooked—parts of estate planning.

Primary and Contingent Beneficiaries

A primary beneficiary is the person or trust first in line to receive the asset. A contingent beneficiary is the backup if the primary beneficiary cannot receive it.

Clients should consider both levels. A designation that names only one beneficiary can create unintended results if that person dies first, disclaims the asset, or becomes ineligible to receive it.

Common Assets With Beneficiary Designations

  • IRAs and other retirement accounts.
  • 401(k), 403(b), and other employer-sponsored retirement plans.
  • Life insurance policies.
  • Annuities.
  • Payable-on-death or transfer-on-death accounts where available.
  • Certain brokerage or investment accounts.

Review After Major Life Changes

Marriage, divorce, births, deaths, remarriage, a change in wealth, a new trust, or a change in family relationships are all reasons to review beneficiary forms. Old designations can remain in effect long after the client’s intentions have changed.

Sapient Law Group reviews beneficiary designations as part of a coordinated estate plan so account-level instructions and legal documents are working toward the same result.