Military wills address the unique uncertainties faced by service members, including deployment and rapid changes in circumstance. A solid understanding of their validity helps ensure assets pass according to a service member’s wishes and that families are protected after a death in service. This article explains whether military wills expire, how they differ from civilian wills, and best practices to keep them valid and enforceable, with practical steps for servicemembers and their families.
Do Military Wills Expire?
Typically, a will does not have an expiration date. A military will is generally valid until it is revoked or replaced by a new will that complies with state law. However, several factors can affect ongoing validity. If the will was executed under a specific set of circumstances, such as a particular deployment or a designated executor, those factors should be reviewed if life circumstances change. If the service member marries, divorces, or acquires new assets, the existing will may no longer reflect their current intentions, and updating it is advisable.
Physical deterioration, loss of witnesses, or changes in state law can also impact validity. Servicemembers should periodically review their will, especially after major life events or moves to different states, to ensure it still reflects their wishes and complies with current state requirements.
How Military Wills Differ From Civilian Wills
A military will is designed to be practical for servicemembers who may be deployed in remote or high-risk environments. It is typically created under guidelines that account for the realities of military life, such as ease of execution, quick access, and the ability to revoke or replace swiftly. Civilian wills, by contrast, are crafted without the same deployment considerations and may assume the individual has ready access to legal resources.
Key differences often include:
- Execution requirements: Both military and civilian wills must meet state law, but military wills may be sought with additional flexibility to accommodate deployment.
- Revocation process: Both types can be revoked by creating a later will or a formal revocation, though military life may necessitate more immediate or alternative revocation methods.
- Accessibility: Military wills are designed to be accessible to the executor and dependents in environments where standard legal resources are scarce.
Keeping a Military Will Valid And Up To Date
To maintain validity and alignment with current wishes, servicemembers should:
- Review regularly: Revisit the will at least every two to three years or after major life events such as marriage, divorce, birth of a child, or relocation to a different state.
- Use proper execution: Ensure the will is executed according to state law, including proper witnesses and notarization if required by the state where the will is executed.
- Name an executor: Choose a trusted person who can manage assets and navigate military life challenges. Consider naming alternates in case the primary executor is unavailable.
- Store securely and accessibly: Keep the original will in a safe, accessible location and provide the executor with copies and instructions on how to locate it.
- Coordinate with financial and legal advisors: Even a military will benefits from a review by an attorney familiar with state succession rules and military-specific considerations.
What Happens If A Military Will Conflicts With State Law
In the United States, a valid will must comply with the state law where it is executed, and the Uniformed Services can interact with state probate rules. If a military will conflicts with state law, the stricter requirement generally governs, and the will may be probated under the applicable state procedure. In some cases, federal protections, such as the Servicemembers Civil Relief Act, may affect deadlines and certain actions, but they do not automatically override state requirements for the form and execution of a will. When conflicts arise, consulting a probate attorney who understands both state law and military life considerations is essential.
Practical Steps For Servicemembers And Families
To reduce risk and confusion, consider these steps:
- Draft with purpose: Clearly specify beneficiaries, guardians for minor children, and detailed asset distribution to minimize ambiguity.
- Keep a current list of assets: Maintain an up-to-date inventory of bank accounts, real estate, veterans benefits, life insurance, and retirement accounts that pass by will or by other mechanisms.
- Align with other documents: Coordinate the will with a durable power of attorney, healthcare proxy, and beneficiary designations on life insurance and retirement plans.
- Communicate intentions: Ensure the executor and close family members know where the will and related documents are stored and how to access them.
- Seek professional guidance: Regular legal reviews help adapt to changes in personal circumstances and evolving state laws.
By keeping a military will current and properly executed, service members can better protect their families and ensure their wishes are honored, even in the face of deployment or rapid changes in circumstance.