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Nominee vs beneficiary: Know the difference to save legal drama

2 min read
Jun 27, 2025
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When you get an insurance policy or make an investment, you may need to name a nominee or designate a beneficiary. A lot of people use the terms interchangeably, misunderstanding them to be the same, but they are not. Let us find out the difference.

What is a nominee?

A nominee is designated to manage your accounts and assets after your death. Imagine a nominee to be an interim guardian of your property until the legal guardian or heir is identified. Once they are identified, the nominee has to hand over the assets or proceeds to them.

What is a beneficiary?

A beneficiary is the one who legally holds your property upon your death. Unlike nominees, beneficiaries have total rights to your property. Nobody can object to their claim as the law fully supports them.

Key differences between nominee and beneficiary

FeatureNomineeBeneficiary
Legal statusTemporary custodianLegal owner
Claim challengesCan be challenged by legal heirsCannot be challenged by others
How to nameThrough forms provided by banks/insurersThrough a legally valid will
Control over assetsLimited controlComplete control
Legal protectionLess protectionStrong legal protection

Why do these differences matter?

The difference is most important when there are family disputes. Suppose Sanjay designated his sister as the nominee of his bank account but excluded her from his will. Upon his demise, his wife and children can sue for that money in court, despite his sister being the nominee.

This is because:

  • Nominees hold assets only until legal heirs take possession
  • Legal heirs are preferred over nominees in legal disputes
  • In the absence of a will that identifies the same individual as a beneficiary, nominees do not have strong claims

Conclusion

Understanding the difference between nominees and beneficiaries is important to ensure your loved ones are protected and your intentions are honored. This will help you draft a will exactly as per your preferences. This way, your family is spared possible legal disputes, and your hard-earned wealth gets to the correct hands when you are not around anymore.

Disclaimer: This article is intended solely for informational purposes. The views expressed in this article are personal. Axis Bank and/or the author shall not be liable for any direct or indirect loss or liability incurred by the reader arising from reliance on the content herein. Readers are advised to consult a qualified financial advisor before making any financial decisions. Axis Bank does not endorse or guarantee the accuracy of any third-party content or links included in this article.

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