The guaranteed capital or annuity may be payable on the death of the insured to one or more specified beneficiaries.
A stipulation is considered to have been made for the benefit of specific beneficiaries if it allocates the benefit of the insurance to one or more persons who, without being named, are sufficiently defined in the stipulation to be able to be identified when the guaranteed capital or annuity becomes payable.
In particular, the designation of the following persons as beneficiaries is considered to meet this condition:
-the born or unborn children of the contracting party, the insured or any other designated person;
-the heirs or successors in title of the insured or of a predeceased beneficiary.
Insurance taken out for the benefit of the spouse benefits the person who has this status at the time of payment.
The heirs thus designated are entitled to the benefit of the insurance in proportion to their hereditary shares. They retain this right in the event of renunciation of the succession.
If no beneficiary is designated in the policy or if the beneficiary does not accept the policy, the contracting party has the right to designate a beneficiary or to substitute one beneficiary for another. Such designation or substitution may only be made with the agreement of the insured, where the insured is not the contracting party, and is null and void. This designation or substitution may be made by means of an amendment to the contract, by fulfilling the formalities set out in article 1690 of the Civil Code, or by testamentary instrument.
When the insurer is informed of the death of the insured, the insurer is obliged to find the beneficiary and, if this search is successful, to notify the beneficiary of the stipulation made in his favour.