Can a Will Override a Life Insurance Beneficiary? Why Insurers Delay Claims—and How to Fight Back
No, a will cannot override a named beneficiary on a life insurance policy. But that doesn’t stop life insurance companies from using the existence of conflicting estate planning documents to delay or deny claims. When insurers claim confusion over who is entitled to the death benefit, beneficiaries may face frustrating delays—often with no legal justification. These tactics are designed to wear people down, hoping they'll accept a denial or walk away without a fight. But with proper legal counsel, beneficiaries can challenge these strategies and recover what they’re rightfully owed.
As attorneys who specialize in denied life insurance claims, we regularly deal with policy denials based on flimsy or contrived reasons. One of the more egregious cases we’ve seen involved a life insurer that attempted to delay a payout indefinitely because the deceased mentioned his life insurance policy in his will—even though the will contradicted the named beneficiary on file with the insurer. This article walks through that real-world case and explains why life insurance companies often rely on technical confusion to avoid paying claims.
The Estate Planning Misstep That Created a Policy Dispute
Jack, an elderly former law librarian, was known for being meticulous about his affairs. Although he wasn’t a lawyer, decades spent working in a legal environment made him well-versed in statutes and procedures. He took great pride in drafting his own will, setting up trust funds for his grandchildren, and managing his own estate planning—without ever consulting an attorney.
Among Jack’s many efforts to protect his family was a life insurance policy he had maintained for years. In the policy, his wife Betty was listed as the sole beneficiary. However, in a confusing twist, Jack also mentioned that same life insurance policy in his will and stated that the proceeds should go to his grandson, Nick. This contradiction, while legally meaningless, set off a chain of events that left Betty fighting for the money her husband intended her to have.
Death, Confusion, and a Convenient Delay
After Jack passed away at age 80, Betty followed his instructions and retrieved the estate planning documents from his safe deposit box. As she reviewed the materials, she found a copy of his life insurance policy—clearly listing her as the beneficiary. Confident that the claim would be straightforward, she submitted it promptly.
Unbeknownst to Betty, Nick had also reviewed Jack’s will and noticed the clause that named him as the recipient of the life insurance proceeds. Believing this to be valid, he filed a competing claim with the insurer. Instead of paying either of them, the insurance company sent letters to both parties saying it could not determine who the rightful beneficiary was and that the policy would remain unpaid indefinitely.
This “conflict” was little more than a stall tactic. The insurer cited the contradictory language in the will as justification for pausing payment, knowing full well that wills do not override beneficiary designations in contractual agreements like life insurance policies. In truth, the company was likely hoping one or both claimants would give up—saving the insurer from a six-figure payout.
Why Wills Can’t Change Life Insurance Beneficiaries
The law is clear: a life insurance policy is a binding contract between the insurer and the policyholder. Changes to the beneficiary designation must follow the procedures outlined in the policy—usually by submitting a formal Change of Beneficiary form to the insurance company. Estate planning documents like wills cannot alter a life insurance contract. Courts consistently uphold this rule to prevent uncertainty and manipulation.
In Jack’s case, no such change was ever filed. While his will expressed an intention to give the life insurance proceeds to Nick, that wish was not legally binding. The only enforceable document was the policy itself, which listed Betty as the sole beneficiary.
Legal Action Turns the Tide
Frustrated by the delay, Betty reached out to an attorney who specialized in life insurance claim denials. The lawyer quickly recognized that the insurance company’s justification had no merit. He sent a demand letter to the insurer, outlining the relevant legal principles: namely, that beneficiary designations in a life insurance contract take precedence over any conflicting statements in a will.
He gave the insurer 30 days to issue full payment to Betty—or face a lawsuit for breach of contract and potential bad faith. Just 15 days later, Betty received the full policy payout. The insurer knew it had no legal standing and backed down once confronted by an experienced legal advocate.
Why Insurers Use Delay Tactics—and How to Respond
Insurance companies use a wide range of tactics to delay or deny life insurance claims. Common excuses include questions about policyholder intent, disputes between potential beneficiaries, or ambiguities in estate documents. But none of these excuses hold legal weight if the beneficiary on record is clearly documented and unchanged.
These delay strategies often work because beneficiaries are grieving and unaware of their rights. Without legal help, many people accept the denial or give up after months of silence from the insurer. That’s why it’s so critical to speak with a life insurance lawyer at the first sign of resistance. A well-worded letter from a seasoned attorney can shift the power dynamic and force the insurer to comply with the law.
What to Do If a Will Mentions Life Insurance Differently Than the Policy
If you’re a named beneficiary and someone else is trying to claim benefits based on a will, don’t panic. Courts recognize that life insurance is governed by its own terms—not by probate documents. Follow these steps to protect your rights:
Request a full copy of the life insurance policy, including the most recent beneficiary designation
Submit a formal claim with the insurer, even if another party is disputing your rights
Keep records of all correspondence, including denial or delay letters from the insurer
Contact a life insurance attorney immediately if there is a delay beyond 30 days or a denial based on estate-related language
The earlier you act, the stronger your position will be in forcing the insurer to pay.
Get Legal Help for Confusing or Denied Life Insurance Claims
If a life insurance company is refusing to pay because of contradictory language in a will or other estate documents, don’t accept that delay as valid. We handle these disputes every day and know how to force insurers to comply with their legal obligations. Whether you’re facing a wrongful denial or a stalling tactic disguised as “confusion,” we can step in and help secure the payout your loved one intended.