A policyowner normally retains the right to change a revocable beneficiary at any time by following the insurer ' s contractual procedures. The beneficiary ' s consent is ordinarily unnecessary because a revocable beneficiary does not possess a vested right to the death benefit while the insured remains alive.
The rule changes when the beneficiary has been designated irrevocable. An irrevocable beneficiary obtains a vested interest in the policy. Consequently, the policyowner generally cannot change that beneficiary without the irrevocable beneficiary ' s consent. Depending on the contract and applicable law, the beneficiary ' s consent may also be required for actions that could materially impair the beneficiary ' s rights, such as assigning the policy, surrendering it, or taking certain policy loans.
A contingent beneficiary is simply the secondary beneficiary who becomes entitled to proceeds if the primary beneficiary cannot receive them; contingent status does not itself prevent a change. Whether a beneficiary is uninsurable has no relevance because beneficiaries are not underwritten as the insured risk. A deceased beneficiary obviously cannot retain future beneficiary rights in the normal sense.
Accordingly, the restriction on the policyowner ' s otherwise broad beneficiary-control rights arises when the beneficiary designation is irrevocable.
Study Guide Reference: Life Insurance Policy Provisions, Options, and Riders — beneficiary designations; revocable and irrevocable beneficiaries; ownership rights.
Submit