Can a creditor repossess the sum insured after the death? - InsuranceRise

Saturday, 27 August 2016

Can a creditor repossess the sum insured after the death?

One of the characteristics of life insurance is the inembargabilidad characteristics of the insured capital. Accordingly, and pursuant to the insurance contract, it is the beneficiary of life insurance who should receive the benefit of the insurer, even if there are legitimate claims by heirs and creditors of the policyholder.

That is, if the insured or their legitimate or heirs the insured (policyholder) itself have any debt for which the creditor can embargarles, the creditor can not seize the sum insured life insurance where such insured dies, since this capital It will go directly to the beneficiary of the insurance.

But what happens if the beneficiary of the insurance on lies an embargo?

Inembargabilidad guarantees the right to charge the beneficiary the benefit, not that money, once collected, is untouchable. That is, that life insurance is indefeasible guarantees the rights of the beneficiary, who may be a relative or not. In other words, to put it colloquially, when a person lies on a lien creditor will pull where possible.

Life insurance and inheritance

It is important to distinguish that one thing is life insurance and another to the inheritance. That is, the fact of being the legitimate heir does not necessarily mean being a beneficiary of a life insurance. Moreover, it is possible to renounce an inheritance and parallel to collect life insurance.

So what happens to the debts of the beneficiary?

If the heirs do not renounce the inheritance will have to take over the debts of the insured. If, besides being herededos, are beneficiaries of life insurance will have to respond to the provision have received if no other means to deal with these debts.


Really, who benefits the right to inembargabilidad of life insurance is for people who are not heirs of the policyholder against the attachable debts of the beneficiary. In any case, whoever the beneficiary will have to respond with what you have in case of a seizure, regardless of the origin of their property.
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