壽險之保險金是否為遺產，需依被保險人是否已指定受益人而定。依保險法第112條: 「保險金額約定於被保險人死亡時給付於其所指定之受益人者，其金額不得作為被保險人之遺產。」 又同法第113條規定: 「死亡保險契約未指定受益人者，其保險金額作為被保險人遺產。」
根據前述條文之規定，如果被保險人曾指定受益人者，於被保險人死亡後，受益人得取得所有之保證金，且其他被保險人之繼承人完全不能干涉或主張權利。只有在被保險人未指定受益人時，該保險金才能被納入遺產，而由所有繼承人依各人的應繼份分配之。
Whether life insurance money is part of the deceased’s estate depends on whether a beneficiary was designated. According to Article 112 of the Insurance Act: “If it has been stipulated that the insured amount is to be paid upon death of the insured to the beneficiaries named thereby, such amount shall not be treated as part of the insured's estate.” And under Article 113: “Where no beneficiary has been designated in a life insurance contract against death, the insured amount therein shall be treated as part of the insured's estate.”
In simple terms, if the insured person named a beneficiary, that beneficiary alone has the right to receive all the insurance money after the insured passes away. The legal heirs have no right to ask for a share or interfere. Only when no beneficiary is designated, the insurance payout becomes part of the estate and will be divided among the heirs according to their legal shares.