FURTHER EXPLANATION · 2 MIN READ
The clause determines who receives the benefit
Life insurance is a contract with an insurer. The beneficiary clause identifies who is entitled to the insurance benefit when the insured event occurs. This may be a person named individually or someone described by their capacity, such as the spouse or the children. These forms of wording do not necessarily have the same effect in every family situation.
The official explanation of 7 October 2026 therefore warns against leaving old policies unreviewed for years. A clause that once made sense may produce a different result after a marriage, birth, relationship breakdown or death than the one now intended. A move, the purchase or sale of property and a changed financial situation are also good times for a review.
A relationship breakdown does not automatically alter every contract
The precise wording matters in life insurance. A former partner who was named individually is not necessarily in the same legal position as a beneficiary described only as my spouse. According to the official explanation, a divorce or relationship breakdown therefore does not automatically mean that every old beneficiary designation disappears. The contract and the specific facts must be checked.
At the same time, check who is insured, which event triggers the payment and whether the beneficiary designation was ever formally accepted. The FSMA and Wikifin explain that an accepted designation can restrict later contractual freedom. A change should therefore be correctly recorded through the insurer or insurance intermediary, not merely in a personal note.
A recognisable example
Someone named their partner at the time several years ago. After the relationship ended, the will was amended, but the life insurance policy remained untouched. A dispute may then arise on death because a will and a policy are not the same instrument. The insurer looks at the contract and beneficiary clause, while the estate is settled under inheritance law and the will.
The reverse can also occur. Anyone who names only children as a group should check whether the wording still fits after the birth of a child, the formation of a blended family or the death of a beneficiary. The right solution depends on the contract, the family and the intended balance.
Wat kan Notariaat Wellens doen?
Notariaat Wellens can compare the policy clause with your marriage contract, will, statutory succession and previous gifts. This shows whether the same people are protected and whether the distribution is legally and fiscally coherent. The office can also identify which questions you should put to the insurer.
Bring the current policy, any endorsements and your existing estate documents. The office can then amend a will or marital arrangement and clearly document the intended coordination. The insurer or insurance intermediary subsequently processes the policy change itself.