A life insurance policy is typically a transfer on death asset that passes outside the probate estate that is governed by the will. As a transfer on death asset, it is generally unaffected by the will or the intentions expressed in the will. Certain assets are not included as part of a person’s estate and may pass outside of probate, such as trust assets and transfer on death accounts or property owned by joint tenants which passes under a right of survivorship when one tenant dies.

Often, when people divorce, they neglect to change beneficiaries on policies. Even if it was a matter of neglect to change beneficiaries on the father’s part, a neglect in changing the intended beneficiary on a policy won’t deny the beneficiary’s right to receive benefits.