Legal Definitions - seaman's will

A seaman's will is a special type of will that allows individuals serving at sea to make an informal declaration of their wishes regarding their property, often under circumstances that prevent them from executing a formal will. Due to the unique dangers and isolation inherent in maritime service, the law provides relaxed requirements for these wills, meaning they may be valid even without the usual formalities like multiple witnesses or specific legal phrasing required for a standard will made on land.

Here are some examples illustrating a seaman's will:

• Example 1: Merchant Marine Emergency

  A chief engineer aboard a large container ship, several days into an trans-Pacific voyage, suddenly suffers a severe medical emergency. Realizing his condition is critical and far from any port or legal assistance, he quickly writes down his wishes for his savings and personal effects on a notepad, signs it, and has the ship's captain and first mate witness his signature. This informal document, made under the urgent circumstances at sea, could be recognized as a valid seaman's will, even though it lacks the formal witnessing and legal drafting typically required for a will made on land.

• Example 2: Remote Fishing Expedition

  The captain of a commercial fishing trawler operating in the remote and hazardous waters of the North Atlantic decides to update his will before embarking on a particularly dangerous deep-sea expedition. Without access to legal professionals or the ability to gather formal witnesses, he simply writes a clear statement of his intentions for his small estate on a piece of paper, signs it, and dates it, placing it in his personal logbook. Should something happen to him during the voyage, this handwritten document, created while at sea and facing inherent maritime risks, would likely be considered a valid seaman's will.

• Example 3: Naval Deployment

  A petty officer serving on a naval destroyer deployed for an extended period in the Indian Ocean learns of a family emergency back home that makes him consider his own mortality. While on duty, he drafts a brief note stating how he wants his personal belongings and a small life insurance payout distributed, signs it, and asks a fellow sailor to initial it as a witness. This document, created while actively serving at sea and potentially facing unforeseen dangers, would qualify as a seaman's will, allowing his wishes to be honored despite the lack of formal legal procedures.