Real‑World Examples of Common Mistakes in Military Wills

Examples of common mistakes in military wills that cause real problems

Let’s start with what people actually get wrong. The best examples of common mistakes in military wills aren’t theoretical; they’re pulled from patterns JAG offices, legal aid clinics, and probate courts see over and over.

One frequent example of a military‑specific mistake: a service member leaves everything to a spouse in their will but never changes the beneficiary on their Servicemembers’ Group Life Insurance (SGLI). By law, SGLI follows the beneficiary form, not the will. So the ex‑spouse from ten years ago gets the $400,000 payout, while the current spouse gets whatever is left in the checking account. The will is perfectly drafted—but practically useless on the biggest asset.

Another common pattern is the “deployment rush job” will: a document signed in a hurry before wheels‑up, with no thought given to guardianship for kids, digital assets, or what happens if the primary beneficiary dies in the same incident. These examples of common mistakes in military wills show that the problem is rarely bad intent; it’s incomplete planning.

Real examples of outdated military wills after PCS, marriage, or divorce

One of the best examples of common mistakes in military wills is simply letting them age out of reality. Life in uniform changes fast: PCS orders, promotions, marriages, divorces, new kids, blended families. The will you signed at basic training rarely matches your life ten years later.

Consider these real‑world style scenarios:

• A Navy petty officer drafted a will at age 20, leaving everything to his parents. Ten years later, he was married with two kids but never updated the document. When he died in an accident, his parents were still the named beneficiaries. His spouse had to negotiate with them and navigate state intestacy rules for assets not covered by the will. The emotional fallout was worse than the legal one.

• An Army officer divorced, remarried, and had a child, but never revoked the original will naming the first spouse as executor and primary heir. The new spouse had to go to court to challenge the old document, burning time and money in the middle of grief.

These are classic examples of why military wills should be reviewed after every major life event—marriage, divorce, birth or adoption of a child, major change in assets, or separation/retirement from service. The Department of Defense openly encourages periodic review of legal documents in its family readiness materials, but in practice many troops only think about their will when they see deployment orders.

Examples include conflicts between SGLI, TSP, and the will

Some of the most painful examples of common mistakes in military wills involve conflicts between the will and beneficiary‑designated assets like:

• Servicemembers’ Group Life Insurance (SGLI)
• Thrift Savings Plan (TSP)
• Civilian life insurance policies
• Retirement accounts

Here’s a textbook example of how that plays out:

A Marine staff sergeant updated his will to leave everything to his fiancée, expecting she would receive all his assets. But he never changed his SGLI or TSP beneficiary forms, which still listed his mother. When he died, his mother received both the SGLI and TSP funds because those contracts control their own payouts. The fiancée got only what was in joint accounts and personal property covered by the will. No one had done anything “wrong” in the legal sense—but the outcome was the opposite of what he intended.

These are not rare edge cases. The Department of Veterans Affairs and DoD both stress that you must update beneficiary designations directly on the SGLI and TSP forms; your will cannot override them.

• SGLI information: https://www.benefits.va.gov/insurance/sgli.asp
• TSP beneficiary rules: https://www.tsp.gov/forms/tsp-3/

When you look for examples of common mistakes in military wills, any JAG attorney will tell you: mismatched beneficiary designations are near the top of the list.

Example of ignoring state law and overseas complications

Military life often means one state of legal residence, another state of duty station, and possibly a foreign country in the mix. That’s a perfect setup for examples of common mistakes in military wills that ignore jurisdiction issues.

Picture an Air Force member domiciled in Texas, stationed in Germany, who buys a condo overseas and drafts a quick will using an online template. The will doesn’t clearly state which law governs the estate. On death, the family is left sorting out:

• Texas law for personal property
• Possible German rules for real estate located there
• Whether the will meets the technical requirements of the state of domicile

Some countries have forced‑heirship rules or formalities that differ from U.S. states. If you own property abroad, a generic will drafted without legal advice in that jurisdiction can create conflict. These examples include situations where:

• A foreign notary process wasn’t followed, so the will is questioned.
• Local law restricts leaving all real estate to a non‑spouse.
• A military member assumes Status of Forces Agreements (SOFA) solve everything; they don’t.

The American Bar Association and state bar associations regularly warn about cross‑border estate planning issues for Americans abroad. If your assets or family are split across countries, your will needs to be drafted or at least reviewed with that complexity in mind.

Examples of guardianship mistakes involving minor children

Guardianship is where emotions and law collide. Some of the best examples of common mistakes in military wills involve kids, because military families often have:

• One parent frequently deployed
• Grandparents in different states
• Siblings or relatives with very different lifestyles and values

Consider a common example of a guardianship misstep:

A dual‑military couple names a single friend as guardian for their two young children, assuming that person will always be willing and able. Ten years later, that friend has moved overseas, has serious health issues, and no longer feels capable of raising two teenagers. The will was never updated. When both parents die in a crash, the named guardian declines, and there is no alternate listed. The court must scramble to identify a suitable guardian, while relatives argue about who is best.

Other guardianship mistakes include:

• Naming grandparents who are already in their late 70s or 80s with no backup.
• Failing to specify whether guardianship is temporary or permanent if one parent survives but is incapacitated.
• Ignoring the reality of frequent PCS moves—some guardians may not be able or willing to move kids away from their established schools and communities.

The American Academy of Pediatrics has written about the stress children experience after sudden loss. A clear guardianship plan in your will won’t remove that trauma, but it can at least prevent a custody battle on top of it.

Examples include DIY military wills that miss military‑specific issues

Online templates and DIY will kits are tempting, especially for young, cash‑strapped service members. But many examples of common mistakes in military wills start with a one‑size‑fits‑all civilian template that ignores military realities.

Here’s a realistic example of what goes wrong:

A junior enlisted soldier downloads a generic will from the internet. It names a beneficiary, but:

• It says nothing about military death gratuity.
• It doesn’t mention unpaid military pay and allowances.
• It ignores survivor benefits tied to military retirement or disability.
• It doesn’t coordinate with SGLI or TSP.

When he dies, the family is left piecing together various benefits without clear guidance. Some benefits are paid by statute regardless of the will, but others (like how personal property is divided, who handles military paperwork, or who receives certain reimbursements) are easier if the will is tailored to the service member’s situation.

Most branches provide free legal assistance for wills through base legal offices. The Navy, for example, outlines these services on its legal assistance pages, and the Air Force and Army do the same. Skipping that support in favor of a generic template is one of the more preventable examples of common mistakes in military wills.

Example of forgetting digital assets, social media, and modern life

Wills drafted even ten years ago often ignored digital life. Today, that’s a glaring gap. Modern examples of common mistakes in military wills include:

• No instructions for access to email, cloud storage, or social media.
• No plan for online banking, cryptocurrency, or investment apps.
• No guidance on whether accounts should be memorialized, deleted, or transferred.

Imagine a Marine with most of his savings in a brokerage app and a side business run through online platforms. His will, written in 2012, talks about a checking account and a car but says nothing about digital assets. After his death, his executor can’t even find all the accounts, let alone access them. Money sits unclaimed for years and may eventually escheat to the state.

These are modern examples of why wills—and the side documents that go with them—need to keep pace with technology. Many legal aid organizations now recommend a separate, secure inventory of digital accounts and clear language in the will authorizing your executor to access and manage them, consistent with state and federal privacy laws.

Examples of executor and trustee mistakes in military families

Choosing the wrong person to carry out your wishes is another repeating theme in examples of common mistakes in military wills. In military families, the wrong choice is often:

• A parent who has never handled complex finances.
• A sibling who openly dislikes your spouse.
• A friend who is also on active duty and constantly deployed.

Here’s a representative example of what can happen:

An Air Force pilot names a fellow pilot as executor, thinking “he gets my life.” After the pilot’s death, the executor is immediately deployed and unreachable for months. Time‑sensitive probate deadlines are missed, bills go unpaid, and the surviving spouse has to petition the court to appoint someone else. All of this could have been avoided by naming a backup executor who was more likely to be available.

Other executor‑related examples include:

• Naming co‑executors who hate each other, guaranteeing conflict.
• Choosing someone who lives overseas and struggles with U.S. court procedures.
• Failing to provide any guidance on how to manage or sell a family business or rental property.

Picking an executor or trustee is not just a matter of who you love most; it’s about who can realistically handle paperwork, deadlines, and conflict.

Examples of failing to coordinate the will with other planning documents

A will is only one piece of an estate plan. Modern examples of common mistakes in military wills often involve missing or mismatched supporting documents, such as:

• Powers of attorney (general, special, or medical)
• Advance directives/living wills
• Beneficiary designation forms
• Letters of instruction for families

A typical example of this mismatch:

A Coast Guard member signs a will naming her sister as executor but grants a broad financial power of attorney to her boyfriend before deployment. She never revokes or updates it. When she dies, the boyfriend still has authority to access accounts and property in the short term, while the sister is the long‑term legal representative. Confusion and mistrust explode between the two, and the family ends up in court.

Legal assistance offices and organizations like the American Bar Association’s Standing Committee on Legal Assistance for Military Personnel emphasize that wills should be part of a coordinated package. Looking at examples of common mistakes in military wills without also looking at powers of attorney and beneficiary forms is like checking only one tire before a cross‑country drive.

2024–2025 trends: newer examples of planning gaps for military families

Recent years have added fresh twists to the classic examples of common mistakes in military wills:

• Remote signings and electronic wills: Some states now allow electronic wills or remote notarization. Service members who move between states may sign a will electronically in one state that isn’t recognized in another. If your state of legal residence doesn’t accept e‑wills, that sleek new document could be challenged.

• Blended families and assisted reproduction: More military families are using IVF and other assisted reproductive technologies, sometimes storing genetic material while deployed. Wills that don’t address posthumous children or embryos can create disputes about inheritance and parental rights.

• Increased awareness of mental health and long‑term care: With ongoing attention to PTSD and traumatic brain injury in the military community (see resources from the National Institutes of Health at https://www.nih.gov/), more families are thinking about what happens if a service member survives but is incapacitated. A will alone doesn’t cover that; you need powers of attorney and medical directives.

These newer examples of planning gaps reinforce an old truth: a military will is a living document that should change as the law, technology, and your personal life change.

How to use these examples of common mistakes in military wills to audit your own

Reading examples of common mistakes in military wills only helps if you turn them into action. Use these patterns as an informal audit checklist:

• Compare your will’s beneficiaries to your SGLI, TSP, and retirement account designations.
• Check whether your will reflects your current marriage, divorce, and children.
• Review guardianship choices and backups for minor kids.
• Confirm your executor or trustee is willing, capable, and realistically available.
• Look for any property in other states or countries that might need special treatment.
• Add or update digital asset instructions and inventories.
• Make sure your powers of attorney and medical directives line up with your will.

Then, take the will and your notes to a JAG office or qualified civilian attorney. The Department of Defense maintains legal assistance programs for eligible service members and families; you can find information through the Military OneSource portal at https://www.militaryonesource.mil/.

The best way to honor your own intentions is to assume your first version is imperfect. Let these examples of common mistakes in military wills push you to ask hard questions now so your family doesn’t have to fight for answers later.

FAQ: examples of common mistakes in military wills

Q1: What are some real‑world examples of common mistakes in military wills?
Some of the most frequent examples of common mistakes in military wills include: failing to update the will after marriage, divorce, or the birth of a child; naming an ex‑spouse on SGLI or TSP while the will names a new spouse; ignoring guardianship planning for minor children; using a generic online template that doesn’t address military‑specific benefits; and choosing an executor who is constantly deployed or unprepared for the role.

Q2: Can you give an example of a mistake involving SGLI and a will?
A classic example of this mistake is when a service member’s will leaves everything to a current spouse, but the SGLI beneficiary form still lists an ex‑spouse. On death, SGLI pays the ex‑spouse, because beneficiary designations control that payout. The will cannot override the SGLI form.

Q3: Are DIY online wills safe for active‑duty military members?
They can be legally valid in some cases, but many examples of common mistakes in military wills start with DIY templates that ignore military pay, benefits, and frequent moves. At minimum, any DIY will should be reviewed by a JAG or a civilian attorney familiar with military life to catch gaps related to SGLI, TSP, guardianship, and state‑of‑residence issues.

Q4: How often should a military will be updated?
Most legal professionals recommend reviewing your will every few years or whenever there is a major life event: marriage, divorce, birth or adoption of a child, significant change in assets, a PCS to a different legal environment, or separation/retirement from service. Many examples of problems arise because a will that was fine five or ten years ago no longer matches the service member’s life.

Q5: Do I need different wills for different countries or states?
Not always, but if you own real estate or substantial assets in another country—or in multiple U.S. states—it’s smart to talk with an attorney. Some examples include using a primary will plus a limited “situs” will for foreign property. The right approach depends on your domicile, where the property is located, and the laws in each place.