Legal Definitions - soldier's and sailor's will

A soldier's and sailor's will is a special type of legal document that allows military personnel to declare their final wishes regarding their property with fewer formal requirements than a standard will. This provision in the law acknowledges the unique and often dangerous circumstances faced by service members, making it easier for them to create a valid will, especially when deployed, in active service, or facing imminent peril.

Typically, a standard will requires specific formalities, such as being in writing, signed by the person making the will, and witnessed by a certain number of disinterested adults. However, a soldier's and sailor's will often relaxes these requirements, sometimes allowing for oral wills or written wills with fewer or no witnesses, provided certain conditions related to the service member's military status and circumstances are met.

Here are some examples illustrating this legal term:

• Example 1: A U.S. Army captain, deployed to a remote combat outpost in a foreign country, learns of an urgent and high-risk mission. Realizing the potential danger, he quickly writes down his wishes on a piece of paper, stating that his savings and personal effects should go to his younger brother. He signs and dates the document, but there are no other officers or legal personnel available to act as formal witnesses. Due to his active military service in a combat zone, this handwritten document, despite lacking the typical witness signatures, could be recognized as a valid soldier's and sailor's will, allowing his brother to inherit his estate according to his wishes.

• Example 2: A Navy petty officer first class is serving aboard a submarine on a long deployment in international waters. She decides she wants to leave her car and investment accounts to her best friend, rather than her distant relatives. She drafts a simple note on her personal laptop, prints it, signs it, and dates it. While a civilian will in her home state would typically require two witnesses, her status as a sailor on active duty means this document, even without witnesses, might be accepted by a court as a valid soldier's and sailor's will, reflecting the law's flexibility for service members unable to access standard legal services.

• Example 3: A Marine Corps corporal, undergoing intense pre-deployment training in a remote desert environment, wants to ensure his parents inherit his small estate if anything were to happen to him. He verbally tells his platoon sergeant and another marine his wishes, clearly stating who should receive his property. Although an oral will is rarely valid for civilians, in some jurisdictions, and under specific circumstances related to active military service and imminent peril, this verbal declaration could potentially be considered a valid soldier's and sailor's will, demonstrating the extraordinary allowances made for those serving in the armed forces.