Legal Definitions - soldier's will

A soldier's will is a special type of will that allows military personnel (and sometimes mariners) to declare how their property should be distributed after their death, often with fewer formal requirements than a standard will. This legal provision recognizes the unique circumstances faced by individuals in active military service, who may be in imminent danger or lack access to legal counsel and witnesses.

Typically, a soldier's will can be made orally (a "nuncupative will") or in a simple written form, and may not require the usual number of witnesses or other formalities that are strictly enforced for civilian wills. This relaxed standard applies when the individual is in actual military service, often in a combat zone or preparing for deployment, and is made in contemplation of their service-related risks.

• Example 1: During a deployment to a conflict zone, Sergeant Miller, anticipating a dangerous mission, quickly jots down on a piece of paper that he wants his savings to go to his sister and his antique watch to his best friend. He signs it and dates it, but there are no witnesses available to sign. After his death in action, this informal document could be recognized as a valid soldier's will, even without the typical witness signatures, because it was made by a service member in active duty and in contemplation of the perils of war.

• Example 2: A Navy sailor, Petty Officer Chen, is on board a submarine during a critical mission far from shore. Feeling unwell and concerned about the risks of the mission, she verbally tells her commanding officer and another shipmate that if anything happens to her, she wants her small estate to go to her parents. This oral declaration, made while in active military service at sea, could be considered a valid soldier's will (or mariner's will), as the law often permits such informal declarations under these specific circumstances.

• Example 3: While recovering in a field hospital after being wounded in combat, Private Lee, unable to write, dictates his final wishes regarding his modest possessions to a chaplain. He clearly states that he wants his personal effects and a small life insurance payout to be given to his fiancée. The chaplain writes down Private Lee's wishes verbatim and signs it, noting the date and circumstances. Because Private Lee was a service member in active duty, wounded in a combat zone, this dictated and recorded statement could be upheld as a valid soldier's will, despite not being a formal, typewritten document signed by multiple witnesses.