Weekend Images Inc./Getty Images: Illustration by Issiah Davis/Bankrate
Key takeaways
- An irrevocable beneficiary has a guaranteed right to receive the death benefit from your life insurance policy, and their consent is required for any changes that affect their rights.
- Naming minor children as beneficiaries, whether irrevocable or not, is generally not advisable. Instead, consider naming an adult or creating a trust to manage the funds on behalf of your children.
- Irrevocable beneficiaries are often used in cases where financial security must be guaranteed, such as in loan agreements or divorce settlements, ensuring the beneficiary’s rights are protected.
- Unlike an irrevocable beneficiary, a revocable beneficiary can be changed or removed by the policyholder at any time.
When setting up a life insurance policy, you have the ability to decide who will receive the payout — known as the death benefit — if something happens to you. But not all beneficiaries are created equal. When you designate someone as an irrevocable beneficiary, you’re making a lasting decision. Unlike a revocable beneficiary, who can be changed at any time, an irrevocable beneficiary’s rights are locked in. This means they’re guaranteed the benefit — as long as the policy remains inforce — and you can’t remove them or make changes without their permission.
Choosing an irrevocable beneficiary offers a sense of security for both parties — the policyholder knows their wishes will be honored, and the beneficiary has peace of mind knowing their future is protected. It’s an important decision that can play a key role in estate planning or legal agreements, so understanding the implications is essential to ensuring your policy aligns with your intentions.
Understanding an irrevocable beneficiary
When you name a beneficiary on your life insurance policy, you designate who will receive the payout upon your death. But when you choose an irrevocable beneficiary, you make a firm decision. This designation means the beneficiary’s rights are locked in, and they cannot be removed or changed without their consent. Unlike a revocable beneficiary, who can be swapped out at any time by the policyholder, an irrevocable beneficiary has irreversible rights to the policy death benefit, adding an extra layer of security for them.
Bankrate’s insights
Life insurance laws can vary by state. In community property states, for instance, there may be exceptions to beneficiary rules. A spouse may still have rights to policy proceeds even if they are not listed as a revocable or irrevocable beneficiary. Typically, in this situation, if a change of beneficiary is desired by the policy owner, the insurance company will only process the change when the spouse also signs the change of beneficiary form.
If you have an irrevocable beneficiary, the policy owner typically cannot make changes that would impact the beneficiary’s rights to the death benefit. This means actions like taking out a policy loan, changing dividend options, assigning the policy as collateral or even changing the contingent beneficiary often require the irrevocable beneficiary’s approval. However, should the irrevocable beneficiary pass away before the policyholder, the policy owner can then update the beneficiary.
Irrevocable beneficiaries are often named in situations where financial support must be guaranteed. For example, in cases of divorce where minor children are involved, a court may require an ex-spouse to be named as an irrevocable beneficiary to ensure the children’s financial protection. This way, no matter what happens between the policyholder and the ex-spouse, the children’s future support is secured.
Revocable beneficiaries
When comparing a revocable beneficiary vs. irrevocable beneficiary, the scenario is completely the opposite. A revocable beneficiary is someone whose rights to your life insurance benefits can be revoked or changed while you’re still alive, should you choose to do so. You can remove them from your policy at any time, for any reason, and they do not need to approve this change — although there may be exceptions in community property states, as noted above. They also have no access to your policy and cannot make any changes. When naming a beneficiary on your life insurance policy, they are revocable by default.
With a revocable beneficiary, the policyholder can also make changes to the portion of the death benefit that they will receive, either increasing or decreasing how much they will receive. Additionally, there is no requirement to notify them if you cancel the policy.
Revocable beneficiaries are more common than irrevocable beneficiaries simply because your choices of beneficiary may change depending on time and shifts in circumstances. In turn, it makes sense to have the flexibility to make changes if the need arises. It’s typically simple to make a change to a policy that has a revocable beneficiary. If the beneficiaries are irrevocable, however, it becomes significantly complicated, or in some cases impossible.
When to consider an irrevocable beneficiary
Choosing an irrevocable beneficiary is a decision often made to provide strong financial security in specific circumstances. One common scenario is when life insurance is used as collateral for a loan. In this case, the lender may be named as the irrevocable beneficiary until the loan is paid off. This ensures that if the borrower passes away before the debt is settled, the lender will receive the insurance payout to cover the remaining balance. Only after the loan is fully paid can the beneficiary designation be changed.
Also, if you have a demanding job and your spouse primarily stays home with your kids, you might name him or her as an irrevocable beneficiary to ensure they have access to your life insurance funds in order to care for your family if you were to die unexpectedly.
When considering whether to name an irrevocable beneficiary, it’s important to weigh the long-term commitment. Once you make this decision, changes can only be made with the beneficiary’s approval, so it’s critical to understand the financial and legal implications fully.
Pros and cons of an irrevocable beneficiary
Naming someone as an irrevocable beneficiary has its advantages, but it also comes with a few challenges. Here’s a breakdown of the key pros and cons to consider before making this decision.
Pros:
- Eases potentially complicated situations: Divorces and blended families are not uncommon. Naming irrevocable beneficiaries can protect children from previous marriages.
- Legal and financial stability: Irrevocable beneficiaries provide added security in situations like divorce settlements or loan agreements, ensuring financial commitments are honored.
- Peace of mind: Knowing that your beneficiary’s future is secured regardless of changes in your life offers a sense of stability.
Cons:
- Limited flexibility: Once you name an irrevocable beneficiary, you lose the ability to make changes without their consent, which can become problematic if your circumstances shift.
- Control restrictions: Policyholders often face restrictions on making financial decisions, such as taking out a loan against the policy or changing contingent beneficiaries, without the irrevocable beneficiary’s approval.
- Complicated to adjust: Changing or removing an irrevocable beneficiary can be legally complex and may require the involvement of lawyers, adding to the difficulty of modifying the policy.
Frequently asked questions
Read the full article here
