Military vs. Standard Wills: Key Differences

Explore the key differences between military wills and standard wills through practical examples.
By Jamie

Understanding Military Wills vs. Standard Wills

Creating a will is an essential part of estate planning, ensuring that your wishes are honored after your passing. However, military personnel often have specific needs that standard wills may not adequately address. Below are three practical examples illustrating the differences between military wills and standard wills.

Example 1: Special Provisions for Military Personnel

Military wills frequently include provisions that cater specifically to servicemen and women, recognizing their unique circumstances. This includes the ability to designate a temporary executor or beneficiary while they are deployed.

For instance, a soldier deployed overseas can create a military will that designates their spouse as a temporary power of attorney to manage their affairs. This is particularly crucial because the soldier may not be available to make decisions regarding their estate during their time away.

In contrast, a standard will does not typically include such provisions, requiring the testator to be physically present to make decisions or changes about their estate. This can complicate matters for those who are unable to be present due to military obligations.

Notes:

  • Military wills often allow for expedited processes, ensuring that servicemembers can make necessary updates quickly.
  • The temporary power of attorney can be revoked upon the soldier’s return.

Example 2: Witness Requirements and Execution

Another notable difference can be found in the execution and witnessing requirements of military wills compared to standard wills. Military wills can often be executed with fewer witnesses, recognizing the challenges of obtaining signatures in deployed conditions.

For example, a Navy officer might draft a military will on a naval vessel and only require the signatures of two fellow officers as witnesses. This is streamlined to accommodate the restrictions of military life, where it may be impractical to gather a larger group of witnesses.

Conversely, standard wills usually require the presence of three witnesses who are not related to the testator. This can create obstacles for individuals who may not have access to non-relatives during their planning process.

Notes:

  • Military regulations may allow for notarized wills in some cases, providing additional flexibility.
  • Always check local laws, as witness requirements can vary by jurisdiction.

Example 3: Revocation and Changes

Military wills often have simpler processes for revocation or changes, which is crucial for servicemembers whose circumstances may change rapidly. This flexibility is vital in ensuring that their estate plan remains current.

For instance, if an Army Reservist gets married while on deployment, they can easily update their military will to reflect their new marital status and designate their spouse as a beneficiary. This can typically be done through a simple amendment or addendum rather than a complete rewrite of the will.

In contrast, standard wills may require a more formal process to make changes, such as re-executing the entire document or adhering to specific state laws regarding amendments. This can delay the process and may leave the testator’s wishes unaddressed during critical life changes.

Notes:

  • Military wills may also allow for oral changes under specific conditions, which can be documented later.
  • It is essential to consult legal advice when making significant changes to ensure compliance with state laws.

These examples highlight the unique aspects of military wills compared to standard wills, emphasizing the need for tailored estate planning for military personnel.