“The Best-Laid Plans of Mice and Men Often Go Awry*”: Why Contingent Beneficiaries Matter

What happens when you name a primary beneficiary in your estate plan who cannot inherit your assets? Primary beneficiaries may predecease you or may not be able to inherit because of a legal incapacity. If a contingent beneficiary has not been named, your assets could pass according to default statutes, rather than your intentions. The fate of your assets and generational wealth could end up controlled by the court system, and these default statutes would govern the interpretation of your estate plan.

To ensure your assets are handled and distributed according to your wishes, it is crucial to name a “contingent beneficiary” in your estate plan. A contingent beneficiary is a backup beneficiary who will inherit if all of the primary beneficiaries cannot, as could happen if primary beneficiaries predecease you. A contingent beneficiary may be an individual, multiple individuals, or a charitable organization.

It is important to have an estate plan that provides for every scenario, including unexpected events, to protect yourself and your loved ones. A clear and organized estate plan that names sufficient beneficiaries ensures that your intentions are honored. Furthermore, it ensures your loved ones can inherit with ease rather than facing delays or potentially expensive and time-consuming legal disputes.

Estate plans often involve a detailed and layered approach that provides for unexpected scenarios. Our attorneys can help you draft, review, and navigate your estate plan to ensure it clearly reflects your intentions. No one wants their assets left to the mercy of the state. For more information, contact Charles Jones or Emma Tedder.


*Robert Burns, “To a Mouse, on Turning Her Up in Her Nest with the Plough” (1785).

Charles B. Jones

Partner

Emma Tedder

Associate