The United Sections Court of Cassation recently intervened to eliminate some doubts that arose in the event that the beneficiaries of the life insurance policy were generically identified as “legitimate heirs” of the insured.
The sentence 11421/2021 concluded that the status of heir must be verified at the time of the death of the insured without the subsequent renunciation of the inheritance in any way relevant.
The indication of the legitimate heirs as beneficiaries does not imply that the policy must be attributed to each heir according to the rules of the civil code governing the succession.
According to the court, indeed, each beneficiary is entitled to a share of the same value.
Finally, in the event of premature death of one of the heirs with respect to the insured, the portion of the life insurance policy due to the premortal beneficiary must be attributed to the latter's heirs.