Massachusetts General Laws

Mass. Gen. Laws ch. 175, § 125 (2026)

Beneficiaries of policy of life or endowment insurance; entitlement to proceeds against creditors of person effecting policy

✓ current as of July 2026

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Section 125. If a policy of life or endowment insurance is effected by any person on his own life or on another life, in favor of a person other than himself having an insurable interest therein, the lawful beneficiary thereof, other than himself or his legal representatives, shall be entitled to its proceeds against the creditors and representatives of the person effecting the same, whether or not the right to change the named beneficiary is reserved by or permitted to such person; provided, that, subject to the statute of limitations, the amount of any premiums for said insurance paid in fraud of creditors, with interest thereon, shall enure to their benefit from the proceeds of the policy; but the company issuing the policy shall be discharged of all liability thereon by payment of its proceeds in accordance with its terms, unless before such payment the company shall have written notice, by or on behalf of a creditor, of a claim to recover for certain premiums paid in fraud of creditors, with specification of the amount claimed. No court, and no trustee or assignee for the benefit of creditors, shall elect for the person effecting such insurance to exercise such right to change the named beneficiary.

Any person to whom a policy of life or endowment insurance, issued subsequent to April eleventh, eighteen hundred and ninety-four, is made payable may maintain an action thereon in his own name.

Notes of Decisions

Cited in 14 cases, 1923–2018 · leading case: In Re Sloss, 279 B.R. 6 (Bankr. D. Mass. 2002).

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In Re Sloss, 279 B.R. 6 (Bankr. D. Mass. 2002). · cites it 8× “Mass. Gen. Laws ch. 175, § 125 The somewhat convoluted language of Section 125 also provides the beneficiary of *14 a life insurance policy with certain protections from the claims of an insured’s creditors.”

Foster v. Hurley, 826 N.E.2d 719 (Mass. 2005). · cites it 3× “Hurley also argues that G. L. c. 175, §§ 125 and 135, prevents Foster from reaching the life insurance proceeds, whether in a creditor’s claim against the deceased’s estate or, as here, in an equitable claim against him.”

Rosenberg v. Robbins, 289 Mass. 402 (Mass. 1935). · cites it 6× “The individual defendants contend that the cash surrender value of the policies cannot be reached and applied by the plaintiff to the payment of the note upon which this suit is brought because of the provisions of G. L. c. 175, §§ 125, 126, as amended by St.”

In Re Caron, 305 B.R. 614 (Bankr. D. Mass. 2004). · cites it 7× “The Trustee objects to Debtor’s claimed exemption in a whole life insurance policy (“Insurance Policy”) pursuant to Mass. Gen. Laws c. 175 § 125. 1 Debtor’s Insurance Policy has a cash surrender value of approximately $3,500.”

Slocum v. Metro. Life Ins., 139 N.E. 816 (Mass. 1923). · cites it 2× “The only question raised by the defendant is whether said administrator is entitled to the proceeds of the policy, the insured having died leaving no issue.”

Brown v. Sav. Bank Life Ins. Co. of Mass., 107 N.E.3d 1163 (Mass. App. Ct. 2018). “19 So ordered Because Michelle and Daniel share the same surname, we refer to them by their first names.”

In Re CRS Steam, Inc., 217 B.R. 365 (Bankr. D. Mass. 1998). “The court was rather laconic in its comments on the statute, stating: The plaintiff does not contend that she can reach and apply to the payment of her note the cash surrender value of the poli *369 cies if the changes in G.L. c. 175, §§ 125, 126, effected by St.”

In re Chung-I Liang, 474 B.R. 37 (Bankr. D. Mass. 2012). · cites it 3× “1 The trustee objected to the debtors’ claims of exemption in the three life insurance policies but prior to the hearing on the objection the debtors filed a second-amended schedule C to claim all three policies as exempt under both Mass. Gen. Laws ch. 175, § 125 and § 126.”

Proctor v. MacClaskey, 179 N.E. 600 (Mass. 1932). “G. L. c. 175, § 125, as amended by St. 1928, c.”

Tolman v. Crowell, 193 N.E. 60 (Mass. 1934). “It was held that the rights of the plaintiff were governed by G. L. c. 175, §§ 125 and 126, *402 and that under these statutes the proceeds of the policies belonged to the beneficiary, except as to such sums with interest thereon as were paid on premiums in fraud of creditors of…”

In Re Chevalier, 330 B.R. 21 (Bankr. D. Mass. 2005). “3 M.G.L. c. 175 § 125 provides: If a policy of life or endowment insurance is effected by any person on his own life or on another life, in favor of a person other than himself having an insurable interest therein, the lawful beneficiary thereof, other than himself or his legal…”

In re Volk, 571 B.R. 510 (Bankr. D. Mass. 2017). · cites it 14× “27 pursuant to Mass. Gen. Laws ch. 175, § 125 . The Court heard the matter on April 28, 2017, and the parties agreed to file an Agreed Statement of Facts and briefs with respect to the issue presented.”

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