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Legal Definitions - mariner's will
Definition of mariner's will
A mariner's will is a special type of will made by an individual while at sea. Due to the unique circumstances and potential dangers faced by those on voyages, the law often allows for less formal requirements for a mariner's will compared to a standard will made on land. This means it might be valid even if it's not written down, or if it lacks the usual number of witnesses, provided it clearly expresses the mariner's wishes for their property after death.
Here are some examples:
Example 1: Captain Elena is commanding a cargo ship on a transatlantic journey. During a severe storm, the ship suffers significant damage, and Captain Elena becomes gravely ill. Realizing the seriousness of her condition and the remote location, she gathers her first mate and chief engineer and verbally declares her wishes for her personal savings and a small cottage to be left to her sister. She asks them to remember her words. After her passing, even though this declaration was not written or formally witnessed by multiple people as a standard will would require, it could be recognized as a valid mariner's will because she was at sea and facing imminent danger.
Example 2: A marine biologist, Dr. Ben Carter, is on a research vessel exploring uncharted waters in the Antarctic. While on an expedition in a remote area, his small research submarine experiences a critical malfunction, trapping him and his team. Fearing the worst, Dr. Carter quickly scribbles a note on a waterproof pad, stating that his scientific instruments and research data should be donated to his university, and his personal effects to his niece. This note, though hastily written and without formal witnesses, could be upheld as a mariner's will due to his perilous situation at sea.
Example 3: A deckhand named Sam is working on a commercial fishing trawler hundreds of miles offshore. During a routine operation, Sam suffers a severe accident and is critically injured. With no immediate medical help available and his condition rapidly deteriorating, Sam manages to whisper to the ship's captain and another crew member that he wants his small inheritance to go to his elderly parents. This oral declaration, made while Sam was at sea and in a life-threatening situation, could be considered a valid mariner's will, allowing his parents to inherit according to his wishes.
Simple Definition
A mariner's will is a special type of will made by a person at sea, such as a sailor or merchant marine. Due to the unique and often perilous circumstances, it is typically exempt from the strict legal formalities usually required for a will, such as needing witnesses or being in writing. This privilege allows mariners to express their final wishes even in challenging situations.