Understanding Military Wills: Legal Implications by State

Legal Implications of Military Wills in Different States

Military wills, also known as soldier’s wills, are essential documents that allow service members to outline their wishes regarding asset distribution in the event of their death. However, the legal implications of these wills can differ significantly from state to state. Below are examples illustrating these differences:

1. California

• Key Point: California recognizes military wills, but they must comply with state law to be valid.
• Example: A California resident serving in the Army writes a holographic will (handwritten) while stationed abroad. As long as it includes their signature and reflects their intent, it will be honored under California law, provided it meets the state’s requirements.

2. Texas

• Key Point: Texas allows military personnel to create a will while deployed, which can be simpler than standard wills.
• Example: A Texas National Guard member deployed overseas can create a will using a statutory form provided by the state. This form simplifies the process and ensures that the will is valid without requiring notarization, as long as it is witnessed by two individuals.

3. Florida

• Key Point: Florida permits military wills, but they must be executed according to specific state provisions.
• Example: A Florida Air Force officer creates a will while stationed at a base in another state. For the will to be valid in Florida, it must be signed in the presence of two witnesses and notarized. If it’s a self-proving will, the probate process can be expedited.

4. New York

• Key Point: New York has strict requirements for wills, including military wills, which must adhere to state laws.
• Example: A New York Navy service member writes a will on a personal laptop. To ensure it is valid, it must be printed out, signed by the service member, and witnessed by two individuals. New York does not allow for non-traditional formats like video wills.

5. Virginia

• Key Point: Virginia recognizes military wills and allows for a simplified process for active-duty members.
• Example: A Virginia Army sergeant can create a valid will using a form provided by the state or through a standard format, even while deployed. Virginia law allows for a will made under military regulations to be valid without the need for witnesses if executed in a combat zone.

Conclusion

Understanding the legal implications of military wills in various states is crucial for service members. Each state has its rules and requirements, which can significantly impact the validity of a will. It is advisable for military personnel to consult with legal professionals familiar with military law and state requirements to ensure their wishes are honored.