Creating a will is an essential part of ensuring that your assets are distributed according to your wishes after your passing. Military personnel face unique challenges when drafting their wills. It is crucial to avoid common mistakes to ensure that the document stands up to scrutiny and accurately reflects your intentions. Below are three practical examples of common mistakes in military wills, along with explanations and notes on how to avoid them.
When a service member deploys or experiences significant life changes, such as marriage, divorce, or the birth of a child, they may forget to update their will to reflect these changes. This oversight can lead to unintended consequences, such as an ex-spouse inheriting assets or a child being left out of the will entirely.
A military member drafted a will shortly before deployment, naming their spouse as the sole beneficiary. After returning home, they divorced but failed to update the will. Upon the service member’s death, the ex-spouse inherited everything, despite their intention to provide for their children from a subsequent relationship.
Note: Regularly reviewing and updating your will after major life events is crucial to ensuring your wishes are honored.
Many jurisdictions require that a will be signed in the presence of witnesses to be considered valid. Military personnel often write their wills in a hurry, especially during deployment, and may overlook the need for proper witnessing.
A soldier created a handwritten will while stationed abroad, detailing how their property and assets should be distributed. However, they neglected to have anyone witness the document. After their death, the will was contested because it lacked the necessary signatures. As a result, the estate was distributed according to state law rather than the deceased’s wishes.
Note: Ensure that your will is witnessed by at least two individuals who are not beneficiaries to avoid potential disputes.
A residuary clause is essential as it addresses any assets not specifically mentioned in the will. Failure to include this clause can lead to confusion and disputes over how remaining assets will be distributed.
A service member prepared a detailed will outlining who would inherit specific items, such as a car and a collection of medals. However, they did not include a residuary clause. After their passing, the family discovered several assets, including a bank account and personal belongings, that were not mentioned in the will. This omission left the family in a difficult position, as these assets were not covered and were subject to state intestacy laws.
Note: Including a residuary clause ensures all assets are accounted for and reduces the likelihood of disputes among heirs.