Discrepancy

[S.McKellar]

nj: if a person leaves everything to his only child in his will, yet has his niece as co-beneficiary with his child on his life insurance policy, which one is acknowledged upon his death? Also, do typewritten codicils count if they were dated after the original will and are witnessed by the person who would inherit?

 

[advisor10]

AUG. 27, 2001

DEAR S.:

The niece will still be allowed to be co-beneficiary on the life insurance policy, it is the beneficiary designation that takes priority over the language of the will.

You would need to take the will to a local probate attorney in order to determine the validity of the codicils. The typewritten codicils may be okay as far as the date, but usually witnesses must be persons who will not be beneficiaries, and their usually must be more than one witness.

SINCERELY,

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