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Teacher Gu from the University
The mother of the insured, the focus of the dispute, believes that although the beneficiary of the contract was not filled in, she paid insurance for her son in 2000 and should naturally be the beneficiary of this policy. Moreover, the son was not married at the time of insurance, and this insurance money belongs to pre-marital property. As the mother of the insured, she should get all the insurance money. The wife of the insured insists that she is the heir of her husband and should have the right to share the insurance money with her mother-in-law. According to China's Insurance Law, if the beneficiary is not designated after the death of the insured, the insurance money shall be regarded as the insured's heritage, and the insurer shall perform the obligation of paying the insurance money to the insured's heir. Background information After the Spring Festival in 2003, Mr. Gu, a university teacher, insured a whole life insurance for his son who had just worked, with the insured amount of 200,000 yuan. Because it is the insurance under the name of relatives, Mr. Gu further ignored the details of the policy, and the beneficiary column was "legal", which laid a curse for future disputes. Two years after his son's unfortunate and unexpected death, his son married his college girlfriend, and he was deeply happy because of his loving husband and wife and filial piety to Mr. Gu. Unexpectedly, the weather is unpredictable. On a business trip this year, my son had a traffic accident on the bus and died after being rescued. In grief, Mr. Gu did not think about tea and rice. Similarly, the death of her husband also made her daughter-in-law Xiao Li sad. After dealing with his son's funeral, Mr. Gu found the insurance policy given to his son six years ago when he was packing his son's relics. Teacher Gu immediately reported the case to the insurance company. After investigation, the insurance company agreed to pay 200,000 yuan as agreed in the contract. But at this time, Mr. Gu and his daughter-in-law Xiao Li had a contradiction on how to distribute the 200,000 yuan insurance money. Teacher Gu thinks that although she didn't fill in the beneficiary of the contract, she paid insurance for her son in 2003, and naturally she should be the beneficiary of this policy. Moreover, the son was not married at the time of insurance, and this insurance money belongs to pre-marital property. As the mother of the insured, she should get all the insurance money. Xiao Li, the wife of the insured, insists that she is the heir of her husband and should have the right to share the insurance money with her mother-in-law. The originally happy and harmonious family was cracked by an accident and an insurance money. How to distribute the insurance money? One is a mother and the other is a wife. How should this 200,000 be distributed? From the insurance company's point of view, according to the provisions of China's Insurance Law: after the death of the insured, if there is no designated beneficiary, the insurance money shall be regarded as the insured's heritage, and the insurer shall fulfill the obligation to pay the insurance money to the insured's heirs. Since it is handled in accordance with China's inheritance law, "heritage is the personal legal property left by citizens when they die, including citizens' income, houses, savings, daily necessities and so on. According to the above-mentioned legal provisions, the scope of property that heirs have the right to inherit is limited to the personal legal property left by citizens when they die. Inheritance between husband and wife is also limited to one party's personal property. If the husband and wife have property, the scope of personal property and their respective shares should be determined before inheritance. "However, when the insured dies, the legal heir in the first order, or in the absence of the legal heir in the first order, the legal heir in the second order has the right to inherit the estate. The first legal heirs are spouse, children and parents; The legal heirs of the second order are brothers and sisters, grandparents and grandparents. In this case, the beneficiary column of the life insurance contract signed by Mr. Gu's son and the insurance company is "legal", that is to say, the beneficiary is not clearly specified, so his insurance money can only be handled in accordance with the provisions of the Insurance Law and inherited by the legal heir in legal order. Obviously, since Mr. Gu's lover has passed away, Mr. Gu and his daughter-in-law Xiao Li are the first legal heirs of the insured and enjoy the same inheritance rights. Therefore, for the insurance premium of 200,000 yuan, both parties get 6,543,800 yuan.