Military Will Lawyers
Because military personnel have a special need for probate procedures to take into account frequent relocations and short-notice deployments, the Floyd D. Spence National Authorization Act was signed in 2000 by President Clinton. This Act in part, provides that military wills can be executed under federal requirements.
This Act makes military wills:
- Exempt from form, formality or recording requirements of probate
- Have the same legal effect as wills that are in accord with state laws
What Are the Requirements for a Military Will?
A military will is considered valid if certain requirements are met:
- Executed by one who is eligible for military assistance (including dependents)
- Will makes a disposition of the testator's (will maker) property
- Will takes effect at the testator's death
- Witnessed by military legal assistance and witnessed by two uninterested witnesses who have signed the instrument
- Statement that the will is a Military Testamentary Instrument
It is also best to provide documentation of the testator's military status and grade with the military will.
Do I Need a Lawyer to Draft a Military Will?
To meet the requirements for the making of a military will, it is best to seek the services of a lawyer who is familiar with military law. Although a civilian lawyer or the use of a form will can help you comply with all legal requirements, the will may not necessarily meet the requirements for a military will and give you the special status a military will is afforded.
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Last Modified: 11-18-2011 03:14 PM PST
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