When a loved one dies, heirs sometimes discover that life insurance has been opened for the benefit of a third party. They receive nothing and are met with silence from the insurer on the identity of the beneficiary – a parent, a close relative, an association? – and on the amount paid. Enough to fuel frustration and a feeling of injustice: does an heir really have no right to know?
The question was recently decided by the Council of State in a decision of September 26, 2025 (Council of State, 10th chamber, no. 505551). The judges confirmed an already well-established rule: an heir who is not designated as a beneficiary has no right of access to information related to the deceased’s life insurance contract.
No right to information for the non-beneficiary heir
The case concerned an heir who, after the death of his sister, wanted access to the data of several life insurance contracts that she had taken out. Not being a beneficiary, he was refused by the CNIL.
Considering this situation contrary to several fundamental rights, he contacted the Council of State to request the transmission of a priority question of constitutionality (QPC) to the Constitutional Council. His lawyer notably invoked an infringement of property rights, the heir being presented as a “owner in the making“. He also denounced the opacity of the stipulation for others and invoked European rules on the protection of personal data (GDPR).
In vain. The Council of State dismissed the QPC, judging it to be lacking in seriousness. For judges, life insurance is in fact an autonomous regime, distinct from traditional inheritance law. Upon death, in accordance with article L. 132-12 of the Insurance Code, the funds are paid directly to the designated beneficiary, excluding the estate. The notary does not take this into account in the division. What if the premiums were paid before age 70he may even be unaware of the existence of the contract or, in any case, does not have to intervene. In the absence of specific legal rights in the contract, the undesignated heir cannot therefore demand to know the amount paid or the identity of the beneficiary.
Access to the personal data of the deceased, provided for in article 85 of the Data Protection Act, is limited to information useful for estate liquidation. Life insurance policies of which the heir is not a beneficiary are excluded.
Ultra-protected confidentiality
This decision is part of consistent case law. The Court of Cassation recalled that the simple fact of injuring heirs is not enough to qualify the bonuses as “clearly exaggerated», the only criterion allowing, in rare cases, sums to be reinstated in the estate.
Finally, remember that as long as the subscriber is alive, the beneficiary clause is strictly confidential: neither the heirs, nor third parties, nor even the tax authorities can obtain communication of the identity of the beneficiaries or the amount.
After a death, anyone can verify the existence of life insurance via Agira, by providing a death certificate and an identity document. But if you are not a beneficiary, you will not even be informed of its existence.
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