**July 9,1976 M29-1,Part VI\
Change 1**

**CHAPTER 16. BENEFICIARIES**

CONTENTS

PARAGRAPH PAGE

16.01 General 16-1\
16.02 Testamentary Capacity for Insurance Purposes 16-1\
16.03 Designation of Beneficiary 16-2\
16.04 Beneficiary Designation by a Fiduciary 16-2\
16.05 Invalid Beneficiary Designation or Change of Beneficiary 16-2\
16.06 Determining the Beneficiary in the Absence of a Designation 16-3\
16.07 Establishment of Relationship 16-5\
16.08 Loco Parentis Relationship 16-6\
16.09 Validity of Changes of Beneficiaries 16-6

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**May 27,1980 M29-1,Part VI\
Change 3**

**• CHAPTER 16. BENEFICIARIES**

**16.01 GENERAL**

a\. Generally, beneficiary designations for NSLI and USGLI policies are
made on VA Form 29-336, Designation of Beneficiary and Optional
Settlement. However, it is not necessary that a beneficiary designation
or a change be made by the use of a prescribed VA form. Evidence of
intent accompanied by some affirmative act in writing over the
insured\'s signature will accomplish a beneficiary designation or
change.

b\. The insured may at any time, without the beneficiary\'s knowledge or
consent, cancel or change a beneficiary designation by notice in
writing, signed and forwarded to the VA by the insured or an agent.
Receipt of a valid designation or change of beneficiary is effective as
of the date of execution.

c\. A beneficiary designation, but not a change of beneficiary, may be
made by last will and testament. The insured has the further right to
designate one or more contingent beneficiaries in order to provide for
the payment of the proceeds of his or her policy, or any unpaid portion
thereof, in the event of the death of the principal beneficiary or
beneficiaries.

d\. The insured may provide that the proceeds of his or her insurance be
payable to the designated beneficiary only if survived by such
beneficiary for a specified period not to exceed 30 days. Under such
designation, the insurance proceeds will not be made to the beneficiary
within the specified period and, if the beneficiary fails to survive the
specified period, payment will be made as though the beneficiary
predeceased the insured.

e\. When multiple beneficiaries are named with right of survivorship,
the right of survivorship continues after the death of the insured.

f\. If a beneficiary has not been designated by the insured or if the
designated beneficiary does not survive the insured, the net proceeds
payable under the policy will be paid to the estate of the insured. (See
ch. 14, par. 14.03.)

g\. When a trustee is designated as beneficiary, and declines the trust,
the proceeds may be paid to the person or persons having the beneficial
interest in the trust (for whose benefit the trust was established).
When payment is made to the trustee, the responsibility of the VA
ceases. The VA is not concerned with the execution nor the terms of a
trust agreement as long as there is a clear intent to establish a trust.
Technical compliance with the manner of creating a trust is not
essential.

h\. Any payment made before proper notice of designation or change of
beneficiary has been received will be judged to have been properly made
to satisfy fully the obligations of the VA under such insurance policy
to the extent of such payments.

i\. The determination as to whether a valid change has been effected
must be based on the facts in each case, bearing in mind that the
practice of the VA is to carry out the intent of the insured whenever
possible.

j\. In any case in which the latest beneficiary designation is
ambiguous, the designation should be considered in the light of previous
designations, as well as any evidence obtainable to reach a logical
conclusion as to the insured\'s intent in the absence of a definite
action on his or her part.

**16.02 TESTAMENTARY CAPACITY FOR INSURANCE PURPOSES**

a\. When there are questions involving testamentary capacity of the
insured to execute a designation or change of beneficiary and/or option,
the claims clerk will refer the case to the appropriate personnel for
review.

b\. Determinations involving the testamentary capacity of the insured,
for insurance purposes, will be made on VA Form 29-8790, Testamentary
Capacity Decision. The rules for determination involving testamentary
capacity, for insurance purposes, are set forth in VAR 1355.

c\. Development \[for\] testamentary capacity \[will\] not \[be\]
necessary \[in situations when the evidence is such as to

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**M29-1, Part VI May 27, 1980**

**Change 3**

clearly demonstrate that a history of mental illness or emotional
problems does not predate the latest beneficiary designation of record.
In these cases payment of the proceeds of the policy may be authorized
by a claims examiner reviewer. However, in a case when there is evidence
that the mental disorder or emotional problem predates the latest
beneficiary designation of record, or if there is a question involving
the chronological sequence of these events, the case will be sent to a
veterans claims examiner for review.\]

d\. \[The veterans claims examiner will review the evidence and
determine whether or not testamentary capacity is, in fact, an issue. If
he or she determines that testamentary capacity is not an issue he or
she may authorize payment of the proceeds of the policy. The veterans
claims examiner should not, however, authorize payment in any of the
following situations:

\(l\) When there are two or more claimants.

\(2\) When any claimant, who is not the beneficiary of record alleges
that there was lack of testamentary capacity involving the latest
beneficiary of record.

\(3\) In any other situation when a decision on testamentary capacity is
needed because the latest named beneficiary of record does not appear to
be the natural object of the veteran\'s bounty.

\(4\) In any case when there is the potential for a contest; e.g., when
another claimant (not the beneficiary) submits a claim (formal or
informal).

e\. Whenever testamentary capacity is clearly an issue, or whenever any
one of the sititations described in subparagraph (1) through (4) arises,
or in any other instance when judgment dictates that testamentary
capacity should be developed, the case will be referred to a veterans
claims examiner, senior examiner for a decision on testamentary
capacity.

f\. Upon receipt of a case from a veterans claims examiner when
testamentary capacity is an issue, the veterans claims examiner, senior
examiner, will review all the pertinent facts and record a decision in
the appropriate box on the VA Form 29.8790 Testamentary Capacity
Decision. It will no longer be necessary for the veterans claims
examiner, senior examiner to complete the_remarks section of the VA Form
29-8790 at this time. However, in any case when an Administrative
Decision is required, the fact that testamentary capacity was
considered, found or not found, will be mentioned.

g\. A written record of the facts and circumstances which led to the
testamentary capacity decision will be necessary in all appeal cases
when the Statement of the Case is prepared.

h\. When development for testamentary capacity is necessary, the
veterans claims examiner, senior examiner will initiate such
development. The evidence needed will vary with each case. In many
instances, the data required may be obtained by examining the claims
and/or insurance folder. ARS (Advanced Record System\] messages and
telephone calls should be used whenever possible to expedite the
information needed. Only when the information has been received and
reviewed, will the veterans claims examiner, senior examiner, prepare VA
Form 29-8790.\]

NOTE: Any medical questions concerning testamentary capacity may be
referred to the Medical Consultant, when appropriate. For example, some
drugs, depending on do sages prescribed, may impair an individual\'s
mental clarity. Therefore, it may be necessary for the Medical
Consultant to review records of medication given the insured at the time
of the questionable beneficiary and/or option change.

**16.03 DESIGNATION OF BENEFICIARY**

a\. NSLI policies which matured prior to August 1, 1946, limited the
choice of the insured\'s beneficiaries to the following:

\(1\) \[Spouse\] of the insured.

\(2\) Child of the insured (including adopted child, stepchild,
illegitimate child).

\(3\) Parents of the insured (including parent through adoption,
stepparent, and person who stood in loco parentis).

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**M29-1, Part VI\
May 27, 1980 Change 3**

\(4\) Brothers and sisters of the insured (including those of halfblood
and through adoption).

b\. Payment made to a person represented by the insured as being within
the above-mentioned permitted class will be considered to be properly
made and to satisfy fully the obligation of the VA to the extent
payments were made. The restricted class of beneficiaries specified
above does not apply to NSLI policies maturing on or after August l,
1946.

c\. For NSLI policies maturing on or after August 1, 1946, and USGLI
policies, the insured may designate as beneficiary a person or persons,
firm, corporation, or other legal entity (including the estate of the
insured), individually or as trustee.

d\. Revived USGLI insurance (revived on the basis of a contingency which
occurred on or after July 2, 1926) is payable only to the insured\'s
spouse, child, dependent mother or father, in the order named, unless
otherwise designated by the insured during his or her lifetime or by
last will and testament. *NOTE: A mother takes precedence over a
father.*

**16.04 BENEFICIARY DESIGNATION BY A FIDUCIARY**

a\. Generally, a guardian of an insured who has been adjudged
incompetent by a court may not make an original designation or a change
of beneficiary or optional settlement for the insured. However, there
have been decisions to the contrary depending upon the circumstances in
the case, the State statutes involved, and who was designated
beneficiary by the guardian with the approval of the State court.

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October 14, 1977 M29-I, Part VI\
Change 2

b\. When adjudicating a death claim and the last beneficiary change or
beneficiary designation was made by a fiduciary, the case will be
developed to ascertain if an Order of Court was entered permitting the
fiduciary to make such a beneficiary designation.

c\. If the designation or change of beneficiary was not made in
accordance with a court order, the fiduciary will be required to furnish
a complete explanation of the facts and circumstances surrounding its
execution. This will include the basis for the designation of the named
beneficiary and a list of the surviving relatives of the insured who
might reasonably be considered logical beneficiaries of his or her
estate. A determination as to whether the designation of beneficiary
would have been both logical and reasonable and in the best interest of
the insured, will be prepared for approval by the Chief, Insurance
Operations Division. The case will be referred to the Assistant Director
for Insurance (29) VAC Philadelphia, for consideration, including the
possibility of interpleader.

d\. When an Order of Court has been entered permitting the beneficiary
designation, the case with the Order of Court will be submitted to the
District Counsel for an opinion.

16.05 INVALID BENEFICIARY DESIGNATION OR CHANGE OF BENEFICIARY

a\. Any beneficiary designation or change of beneficiary that was
procured by duress, coercion, undue influence, or fraud, exerted or
practiced upon the insured in order to procure the designation or change
of

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**July 9,1976 M29-1, Part VI\
Change 1**

designation, is invalid if it can be established as a fact that the
designation or change was caused by such means. Undue influence,
coercion, etc., are factual situations, and any decision must be based
on all the facts in the individual case. The allegations that such
conditions prevailed at the time of the designation or change must be
weighed against:

\(1\) The evidence and ascertainable facts;

\(2\) The character and mental or physical condition of the insured at
the time of the act;

\(3\) The character and general reputation of the person or persons
alleged to have exerted the pressure;

\(4\) Their relationship to the insured;

\(5\) The period of time that such pressure was or could have been
exerted; and

\(6\) The amount of time that passed, if any, between the time such
pressure ceased and the time the insurance was matured by death, during
which interval the insured could have (if capable) changed a previous
designation.

b\. The means employed, the extent or degree of the influence, or by
whom the influence is exerted is immaterial. The standard rule in
determining as to whether a designation or change of beneficiary is
invalid is: Was the influence, whether slight or powerful, sufficient to
destroy the free agency of the insured?

c\. Fraud, duress, coercion, or undue influence might be in the form of
physical force or any other species of mental or moral coercion which
subjugates the will of the insured and compels the insured to do any act
which his or her free will would refuse. Undue influence is to be
distinguished from that influence normally exerted by means of advice,
arguments, entreaty, intercession, persuasion, reasonable solicitation,
or suggestion, unless it is so persistent as to operate to subdue and
subordinate the will of the insured and deprive him or her of his or her
free agency.

d\. Undue influence may not be inferred from opportunity but must be
proved by evidence of the actual presence of such influence and its
exertion.

e\. Any payment made on the designation of record prior to the receipt
of an allegation that such designation was made as the result of fraud,
duress, coercion, or undue influence will be considered as properly made
under the contract and to satisfy fully the obligation of the VA to the
extent of such payments.

f\. Any designation of a beneficiary which is actually an assignment of
the insurance as security for a loan or debt is contrary to the
provisions of 38 U.S.C. 3101(a) and is an invalid designation. However,
in a General Counsel\'s Opinion dated May 5, 1976, it was held that such
a change or designation is not an invalid or improper assignment as long
as such a change does not prevent the insured\'s rights to freely
execute future changes in beneficiary designation. Therefore, an
insured\'s reason for a beneficiary designation change will not be
questionable as an improper assignment in the absence of language
indicating an attempt to restrict the right to execute any later changes
in beneficiary designation that the insured might choose to make.

g\. If a beneficiary designation is contested after death on the basis
that the insured was under the impression that he or she was restricted
in his or her right to make future changes of beneficiary, the case will
be developed to determine this question even if no language to this
effect existed on the beneficiary form or accompanied such a change. If
evidence is submitted which establishes the fact that the insured felt
he or she had been restricted to make future changes, the designation
will not be accepted. This procedure will apply only when a specific
designation is challenged on this basis.

**16.06 DETERMINING THE BENEFICIARY IN THE ABSENCE OF A DESIGNATION**

a\. **NSLI Policies Which Matured Prior to August 1, 1946**. \`When a
designated beneficiary, either principal or contingent, is not alive to
receive payment of insurance which matured prior to August 1, 1946, or
if the

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**M29-1,Part VI July 9,1976**

**Change 1**

beneficiaries have died prior to the completion of the guaranteed
installments, payment of the remaining insurance will be made to the
following persons, if living, and in the order named:

\(1\) Widow (widower) of the insured.

\(2\) Child or children of the insured (including adopted children) in
equal shares.

\(3\) Parent or parents who last bore such relationship to the insured
(including parent through adoption and persons who stood in loco
parentis to the insured for a period of not less than 1 year prior to
entry into active service) in equal shares.

\(4\) Brothers and sisters of the insured (including those of half-blood
and through adoption) in equal shares.

NOTE: The right of any beneficiary to receive payment is conditioned
upon his or her being alive at the time the insurance becomes a claim.
Any installment not paid to a beneficiary during his or her lifetime
will be paid to the next beneficiary entitled to payment. No person has
a claim to the insurance; therefore, it will not be paid to the heirs or
legal representatives of the insured or beneficiary. If no one within
the permitted class survives, no further payment will be made.

b\. Settlement of NSLI Policies Maturing on or After August 1, 1946

\(1\) When the designated beneficiary (including the contingent
beneficiary) of insurance maturing on or after August 1, 1946, fails to
survive the insured or if the designated beneficiary (including the
contingent beneficiary) not entitled to a lump-sum settlement survives
the insured, but dies before payment has commenced, the insurance will
be paid in one sum to the insured\'s estate.

\(2\) If the designated beneficiary (including the contingent
beneficiary) not entitled to a lump sum survives the insured and dies
after the payment has commenced, but before all the insurance has been
paid, the present value of the remaining installments certain will be
paid in one sum to the insured\'s estate.

\(3\) When the designated beneficiary, entitled to a lump-sum payment,
survives the insured the rights of the contingent beneficiary cease. Any
installments certain remaining unpaid at the principal beneficiary\'s
death are commuted and will be authorized for settlement to his or her
estate in one sum.

c\. **Settlement of USGLI Policies**. If the designated beneficiary does
not survive the insured, the net proceeds of the policy will be
authorized for settlement, in one sum, to the estate of the insured.

\(1\) If the principal beneficiary, entitled to payment in one sum,
survives the insured, the rights of the contingent beneficiaries are
nullified. Any installments certain remaining unpaid at the principal
beneficiary\'s death-are commuted and will be authorized for settlement
to his or her estate in one sum.

\(2\) Upon the death of the last beneficiary entitled to receive
installments, the commuted value of the remaining installments certain
will be authorized for payment, in one sum, to the estate of that
beneficiary.

\(3\) When insurance records containing a beneficiary designation are
not available, the proceeds of the insurance will be made payable to the
estate. Development to locate the person or persons who might logically
have been designated as the beneficiary will not be initiated. However,
if a claim is received, the claimant will be given the opportunity to
submit any evidence from which a determination of beneficiary can be
made before payment is made to the estate of the insured.

\(4\) Payment to the estate of an insured or beneficiary will not be
made if, under the laws of the State of legal residence of the decedent,
it would escheat to the State. If, in the course of adjudicating a
claim, it is found that an heir or distributee is missing, payment of
his or her share will be withheld. If the missing heir is located,
appropriate action will be taken to authorize payment.

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**July 9, 1976 M29-1,Part VI\
Change 1**

**16.07 ESTABLISHMENT OF RELATIONSHIP**

a\. Generally, except for NSLI policies which matured prior to August 1,
1946, relationship must be established in accordance with VA Regulations
1205 through 1210.

b\. Establishment of relationship for NSLI policies which matured prior
to August 1, 1946 is as follows:

\(l\) **Widow (Widower).** The widower will establish that shelhe is the
insured\'s legal (a deemed valid widow(er) is not included) widow(er) by
furnishing acceptable evidence of marriage to the insured. The term
\"widow(er)\" has reference to the time of the maturity of the
insurance. A subsequent marriage does not affect entitlement to contract
insurance whether entitled as designated beneficiary or as preferred
beneficiary by devolution.

\(2\) **Child.** A child\'s relationship will be established by birth or
other records showing the names of his or her parents.

\(a\) **Illegitimate Child**. An illegitimate child may receive benefits
only if designated as beneficiary. There is no provision of law under
which an illegitimate child of the veteran who has not been legitimated
and who is not designated as beneficiary may receive contract NSLI
payments.

\(b\) **Legitimated Child.** A child born out of wedlock may be
legitimated under the laws of the place of his or her domicile. A
request will be made for a legal opinion, except when the circumstances
are basically the same with those in a case in which a formal opinion
has been rendered by the General Counsel or a District Counsel, In the
latter event, a determination will be made by the Chief, Insurance
Operations Division, or a designee.

\(c\) **Adopted Child**. Evidence of relationship will consist of a
certified copy of the final court decree of adoption. If it is not
regular on its face or it is indicated that the procedure was not in
conformity with the laws of the jurisdiction involved, a request will be
made to the District Counsel for a legal opinion, except when the
circumstances are basically the same as those in a case in which a
formal opinion has been rendered by the General Counsel or a District
Counsel. In the latter event, a determination will be made by the Chief,
Insurance Operations Division, or a designee.

d\) **Stepchild.** A stepchild may only receive payments if he or she is
designated as beneficiary and submits proof of relationship as set forth
in the VA regulations. The illegitimate child of the widow of the
veteran, born prior to her marriage to the insured, may be accepted as
the insured\'s stepchild. As a general rule, dissolution of the marriage
of the child\'s mother to the insured terminates the steprelationship.
However, when it is shown by affirmative evidence that the affinity of
relationship between insured and stepchild existed at the time of the
insured\'s death, the relationship is deemed to have continued through
that date.

**(3) Mother or Father.** A mother or father will establish relationship
by birth or other records showing that they are parents of the insured.
However, the father of an illegitimate insured can only receive payment
if he can establish a loco parentis relationship.

\(a\) Adoptive parents may establish relationship by submitting a
certified copy of the decree of adoption.

\(b\) A stepparent may only receive payment if he or she is designated
as beneficiary and establishes relationship by furnishing a birth record
of the insured and evidence of the legal marriage to the parent of the
insured. A person standing in loco parentis may establish relationship
by submitting VA Form 21-524, Statement of Person Claiming to Have Stood
in Relation of Parent, together with any other evidence that may be
required in a particular case to prove the point. The subject of loco
parentis relationship is discussed in paragraph 16.08.

**(4) Brothers and Sisters.** Brothers and sisters of the insured may
establish relationship by submitting their birth record and that of the
insured as evidence that they have at least one common parent.

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**M29-1, Part VI July 9, 1976**

**Change 1**

\(a\) An adoptive brother or sister may establish relationship by
submitting a birth record of the insured and a certified copy of the
decree of adoption. The birth record and adoption decree would establish
common parents. A child adopted by the parents of the insured subsequent
to the insured\'s death will be eligible to receive payment as a brother
or sister.

\(b\) Foster brothers and sisters are not within the degree of
relationship of brother and sister as implied by 38 U.S.C. 716(b) and
are not entitled to receive payment.

\(c\) A half-brother and half-sister relationship between the insured
and a beneficiary will be held to exist when:

[1.]{.underline} They have the same mother, regardless of whether either
or both are illegitimate; or

[2]{.underline}. It is an established fact that they have the same
father and either the beneficiary or the insured is legitimate.

**16.08 LOCO PARENTIS RELATIONSHIP**

a\. The term \"loco parentis\" indicates a person standing in loco
parentis to a child is one who puts himself or herself in the situation
of a natural parent by assuming the obligations incident to the parental
relationship without going through the formalities necessary for a legal
adoption. The relationship is a standing in the place of, or instead of,
a parent; one charged with a parent\'s right, duties and
responsibilities. The assumption of the relationship is primarily a
question of intention, to be shown by the acts, conduct, and declaration
of the person alleging that relationship.

b\. **Statutory Provisions (NSLI).** Under the NSLI Act as originally
enacted, one standing in loco parentis to a member of the military
forces could be a designated beneficiary. There was no provision for the
minimum period such relationship must have existed. Public Law 77-667,
effective July 1l, 1942, modified the definition as to the permitted
class by requiring those in loco parentis to have occupied that status
for at least l year at some time prior to the insured\'s entry into
active service. Public Law 77-667 did not have the effect of modifying
or invalidating a designation made prior to July 11, 1942, and the
insurance is payable to the designated beneficiary if it is found that
he or she bore the relationship in loco parentis at or prior to the time
that the designation was made.

c\. **Loco Parentis by Designation (NSLI)**. The legal status of in loco
parentis can embrace only one father and one mother at the same time;
and, as a matter of law, there cannot be two or more fathers or two or
more mothers in the status of in loco parentis simultaneously. However,
there could be two or more fathers or two or more mothers in the status
of in loco parentis successively. The insured could, therefore, have
designated more than one person as father in loco parentis and more than
one person as mother in loco parentis, provided they can establish the
relationship for a period of 1 year (if designated subsequent to July
11, 1942) and the relationship had its inception while the insured was
under 21 years of age. For example, an aunt, in loco parentis as
principal beneficiary, and another aunt, in loco parentis as contingent
beneficiary would be valid designations.

d\. **Loco Parentis by Devolution (NSLI).** If a beneficiary has not
been designated, and the insurance is payable by operation of law, it is
payable to the person(s) who last stood in the relation of parent(s)
assuming the insured was not survived by a widow (widower) or children.
In determining parent\'s entitlement to NSLI by devolution it is the
person who last stood in the relation of parent who is entitled. Such
entitlement excludes all other previous persons who may have exercised
such relationship-whether natural, adoptive, or foster parents. If a
parent who last bore that relationship fails to file a claim, is dead,
or cannot be paid for any valid reason, a person who previously stood in
the relationship of parent, whether natural parent, adoptive parent, or
foster parent, is not entitled to the insurance as the next succeeding
beneficiary.

**16.09 VALIDITY OF CHANGES OF BENEFICIARIES**

a\. When a change of beneficiary is received after the death of an
insured, the following principles are cited for guidance in the
determination of the rightful beneficiary:

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**JuIy 9,1976 M29-1,Part VI\
Change 1**

\(l\) The principle most frequently cited and adhered to by the courts
is that a change of beneficiary will be considered to have been made
when there is proof of the insured\'s intent to effectuate a change of
beneficiary and proof of an affirmative or overt act performed by the
insured to effectuate his or her intent. Reasonable proof is a writing
which, if not currently existing, should be established by some evidence
that it did exist and to its contents.

\(2\) VA Regulation 3447, pertaining to NSLI, states that a change of
beneficiary to be effective must be made by notice in writing, signed by
the insured, and forwarded to the VA by the insured or his or her agent,
and that upon receipt by the VA, a valid designation or change of
beneficiary will be deemed effective as of the date of execution.
Similar language is included in VA Regulation 3060 pertaining to USGLI.

\(3\) Generally, an agent\'s authority expires upon death of the
principal. Therefore, when a delivery of a change of beneficiary by a
purported agent is received after death of the insured, it may seem that
literal requirements of the regulations are not being met. However, it
has been held by the Federal courts that these regulations are primarily
for the protection of the Government and may be waived. Literal and
strict compliance with those technical legal requirements of the
regulations are not essential and will be ignored by the courts when the
burden of proof to establish that a change of beneficiary has been made
was carried by the claimant.

\(4\) Delivery of a change of beneficiary prior to an insured\'s death
is not an essential element to effectuate a beneficiary change if proof
of the insured\'s intent to make a change of beneficiary is clear and is
coupled with an affirmative act predetermined by the insured to
effectuate his or her intent.

\(5\) If any action initiated by the insured appears that it was his or
her intent that a change or notice of beneficiary was to be delivered to
the VA, such change will be considered to have been effectuated. This is
true whether a document changing the beneficiary is received before or
after the insured\'s death, or whether it is actually received by the VA
at all.

b\. The above principles have been collected from those court decisions
which appear to be most authoritative in regard to the matter which
concerns the VA. It is not possible to arrive at a correct conclusion
strictly on the basis of the physical fact of whether a change of
beneficiary was received before or after the insured\'s death. The
determination should be based upon the surrounding circumstances and
facts as to whether it was the insured\'s intent, desire and purpose to
change the beneficiary and whether the insured had performed an open act
making evident his or her intent. When these two elements have been
proven leaving only the ministerial or mechanical act of recording a
beneficiary change, such a change will be vonsidered valid and that a
change of beneficiary has been accomplished.

NOTE: The decision as to whether a beneficiary change has been effected
in a specific case is dependent upon the facts and circumstances in each
individual case and must be carefully adjudicated, taking into
considerafion the principles set forth above.

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