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Legal Definitions - primary beneficiary

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Definition of primary beneficiary

A primary beneficiary is the individual or entity who is designated as the first in line to receive assets, funds, or benefits from a legal instrument such as a will, trust, life insurance policy, or retirement account. This person or entity is the main intended recipient. If the primary beneficiary is alive and able to receive the benefits when the time comes, they will be the sole recipient, and any secondary or contingent beneficiaries will not receive anything.

Here are some examples illustrating the concept of a primary beneficiary:

  • Life Insurance Policy: Imagine a woman named Clara who purchases a life insurance policy. She names her husband, Robert, as the primary beneficiary. This means that if Clara passes away, Robert is the first person legally entitled to receive the payout from her life insurance policy. He is the main intended recipient of those funds.

  • Last Will and Testament: Consider Mr. Davies, who drafts his will stating that his entire estate, including his house and investment portfolio, should be inherited by his son, Michael. In this scenario, Michael is the primary beneficiary of Mr. Davies's will. Upon Mr. Davies's passing, Michael is the designated individual who will inherit all the assets outlined in the will, provided he is alive and able to inherit.

  • Retirement Account (e.g., 401(k) or IRA): Sarah has a 401(k) retirement account through her employer. When setting up the account, she designates her sister, Emily, as the primary beneficiary. If Sarah were to pass away before fully withdrawing her retirement savings, Emily would be the first person legally entitled to receive the remaining funds in Sarah's 401(k) account. She is the principal recipient of these retirement savings.

Simple Definition

A primary beneficiary is the individual or entity designated to be the first in line to receive assets or benefits from a will, trust, life insurance policy, or other financial account upon the owner's death or a specified event. They have the initial claim to the assets, and only if they cannot or do not accept the benefits will a contingent beneficiary typically be considered.

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