“Life insurance, the preferred investment of the French”… A refrain, certainly, but not only that: with almost 2,000 billion euros in outstanding amounts at the end of 2023, this product represents around a third of household financial assets. An unsurprising situation given the very favorable tax conditions that apply to life insurance, both during the lifetime of the subscriber and upon their death, for the transmission of funds to the designated beneficiary(ies). .
Many of the nearly 900,000 adults under guardianship, curatorship or family authorization also have such a contract. Given the alteration of their faculties, the management rules differ. Concerning the change of beneficiary, the terms vary depending on the protection regime.
Guardianship: the judge’s authorization is required
In the context of a guardianship measure – the strongest measure of protection – the guardian acts in place of the protected person. The insurance code is clear: the substitution of the beneficiary of the life insurance contract can only be accomplished with the prior authorization of the guardianship judge (article L. 132-4-1).
Read also: When fortune exposes you to guardianship
In line with this provision, the decree nᵒ 2008-1484 of December 22, 2008 relating to acts of management of the assets of persons placed under curatorship or guardianship considers that this change is an act of disposition, therefore again referring to the need for judicial authorization.
Curatorship: assistance is mandatory
When a curatorship measure is opened, the curator assists and controls the important decisions that the protected person takes. Very logically, the 2008 decree and the insurance code provide that modification of the beneficiary clause after the opening of the measure requires the co-signature of the curator.
One exception, however: if the performance of this act places the curator in a situation of conflict of interest with the person he is protecting, for example when the curator is named beneficiary of the life insurance contract, he is then prohibited from doing so. to contribute to the act. He must go to court to obtain approval.
Note that if the substitution of the beneficiary is carried out by the person under curatorship in his will (document which can be made without the assistance of his curator, according to thearticle 470 of the civil code), it is only with her assistance that she can make the change, including if it is a notarized will, clarified the court of cassation in a 2017 judgment.
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2024-02-06 06:31:06
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