will

[Ntethelelo]

Can you contest a beneficiary to a life plan with the last will?

 

[justalayman]

What are you referring to as a "life plan"

 

[LdiJ]

What are you referring to as a "life plan"

And what do you mean by "last will"?

 

[Ntethelelo]

By the way I'm sorry to reply this time. My mother nominated my step dad to be the beneficiary of her investment and 2 years before she pass on she made a will stating that her belongings should all be shared by her children

 

[Ntethelelo]

By the way I'm sorry to reply this time. My mother nominated my step dad to be the beneficiary of her investment and 2 years before she pass on she made a will stating that her belongings should all be shared by her children

 

[justalayman]

A will does not override a beneficiary designation of an asset that is not part of the decedents assets subject to probate.

 

[Ntethelelo]

So how would you advice me because the funds have been released to the husband and only now has the trustee taken action

 

[ShyCat]

Did you not understand the previous reply? The will does not override the beneficiary designation of the investment account. The investment account went to the person named as the beneficiary (i.e., the husband), as it should. The husband wasn't "nominated" as the beneficiary; he was designated as the beneficiary. Anything in the will regarding the beneficiary-designated investment account is irrelevant. The disposition of the investment account was not controlled by the will.

 

[I'mTheFather]

And of course, this is assuming you're in the US.

 

[Eekamouse]

So how would you advice me because the funds have been released to the husband and only now has the trustee taken action

What makes you think you can override your mother's wishes anyway? She named him, not you.

 

[Ntethelelo]

Thats because the insurance company said that we should take this matter to court and which is why I'm asking for advice. My mother wanted to change the beneficiary but her financial adviser is friend with my step dad I assume he delayed the process on purpose

 

[Ntethelelo]

South Africa actually

 

[anteater]

South Africa actually

You apparently ignored the "US Law Only" clause.