Examples of How to Revoke a Military Will

Introduction

Revoking a military will is an important legal process for service members who wish to update their estate planning documents. Military wills, often created in conjunction with deployments, may no longer reflect a person’s current wishes due to changes in circumstances such as marriage, divorce, or the birth of a child. Below are three diverse and practical examples of how to revoke a military will, ensuring your estate planning is aligned with your current intentions.

Example 1: Written Revocation of a Military Will

In this scenario, a service member named Alex decides to revoke his military will after getting married. He understands that his existing will does not reflect his spouse as an heir, so he opts for a written revocation.

To revoke the will, Alex drafts a clear document stating his intent to revoke the previous will. The document includes the date, his name, and a statement that he is revoking the will executed on a specific date.

Example Document:

“I, Alex Smith, hereby revoke my last will and testament dated January 15, 2022. This revocation is made on March 1, 2023.”

Alex signs and dates the document, and while it is not required, he may choose to have it witnessed to strengthen its validity.

Notes:

• It is advisable to keep the revocation document in a safe place, ideally with any new wills created afterward.
• Service members should inform relevant parties, such as their legal representative or family members, about the revocation to avoid confusion.

Example 2: Destruction of the Original Will

In this case, Maria is a military officer who created a will before her deployment. Upon returning, she realizes that her personal circumstances have changed significantly, and she wishes to revoke her existing military will. Instead of drafting a new document, she decides to destroy the original.

Maria physically destroys her will by shredding it in front of two witnesses. This act serves as a clear intention to revoke the will.

Explanation:

• Destruction of the original will is a recognized method to revoke it, as it demonstrates the testator’s desire to nullify the document.
• Maria ensures that the witnesses can attest that she intended to revoke her will at that moment.

Notes:

• It is beneficial to record the date and circumstances of the destruction for future reference.
• Consider creating a new will immediately after to ensure that your wishes are documented.

Example 3: Revocation by Creating a New Will

David, a military veteran, realizes that his will needs significant updates due to recent life changes, including the birth of his first child. Instead of revoking his will separately, he chooses to create a new will that expressly revokes all prior wills.

In his new will, David includes a clause stating:

“I, David Johnson, revoke all prior wills and codicils made before this date, which is April 10, 2023.”

This clause effectively nullifies his previous military will while simultaneously establishing a new set of directives for his estate.

Notes:

• This method is often preferred as it consolidates the revocation and the creation of new instructions into a single document.
• It is important to ensure that the new will is executed according to state laws, which may require witnesses or notarization.

By following these examples of how to revoke a military will, service members can ensure their estate plans remain relevant and reflective of their current wishes.