Military Wills

Military Wills

If you are serving in the armed forces, it is common to make a will earlier in life than most people. Military service carries risks, and many choose to put estate planning provisions in place at the start of their careers. However, a will is not something that should be written once and forgotten. Careers, postings, relationships and family circumstances often change quickly, meaning your will may need to be updated regularly to reflect your current situation.

Having a valid and up-to-date will gives you control over who inherits your money, property and possessions. Without one, the rules of intestacy govern how assets are distributed, and to whom. This may not reflect your wishes or provide for the people who matter most to you.

Our specialist solicitors understand the unique pressures of military life and can guide you through both writing a new will and reviewing an existing one. We provide clear, practical advice so you can be confident your family is protected, whatever the future holds.

If you would like to make a new will or update an existing one, contact our expert team of solicitors on 0345 872 6666, or complete our online enquiry form and we will call you back at a time that suits you

What Our Clients Say

How JMW Can Help with Will Writing

For those in the armed forces, writing a will is an important part of planning for the future. It is a way to ensure that your family would be provided for if the worst were to happen, and it gives you the reassurance that your wishes will be respected. As military personnel often make wills earlier in life, we also emphasise the value of reviewing them regularly as your circumstances continue to change.

At JMW, our will-writing service is partner-led and backed by decades of experience. We provide clear, expert advice, tailored to your individual needs and take into account the different scenarios that military service can bring – from deployments overseas to changes in family or financial arrangements.

We can also advise on lasting powers of attorney, which allow you to appoint someone you trust to manage your affairs if you are unable to do so yourself. For serving personnel, this can be especially valuable during periods of absence or unexpected incapacity.

Our approach is practical and professional, and we handle every case with care and sensitivity. Whether you are making your first will or updating an existing one, our experienced solicitors will guide you through the process, and make sure your affairs are organised in a way that protects and provides for those closest to you.

Meet Our Team

What Is a Military Will?

A military will is a specialised legal document tailored for service, armed forces and military personnel. They outline individuals’ wishes regarding their estate, and specify how they wish for their property, financial assets and personal effects to be distributed on their death. Given the high-risk environments in which our armed forces often serve, having a specialist will in place can provide service personnel and their families with peace of mind; a will is a legally binding document that ensures your wishes are respected and actioned. 

What Is the Importance of Having a Military Will?

For serving personnel, making a will is an essential part of planning for the future. Many people in the armed forces write their wills early in their careers, but circumstances often change. New postings, marriages, children, or property ownership all alter your affairs, meaning regular will reviews are just as important as having the will itself.

Without a valid will, the intestacy rules determine how an estate is divided. This may not reflect your wishes or provide for the people you would have chosen. A properly drafted will allows you to:

• Appoint guardians for your children.
• Decide who should inherit your assets.
• Specify how your estate should be managed and distributed.

By putting clear instructions in place and keeping them up to date, you retain control over decisions that affect your family’s future.

What to Include in Your Military Will

Creating a comprehensive will suitable for service personnel involves several key elements to ensure that your wishes are clearly stated, and legally binding. Here are the essential components to include:

• Clear statement of wishes: outline your specific desires for the distribution of your estate
• Appointment of executors: designate trusted individuals to manage your estate
• Specification of beneficiaries: identify family members, friends, and charitable organisations that will benefit from your estate
• Distribution of assets: detail how your property, financial arrangements, and personal effects should be allocated
• Guardianship for children: appoint guardians for your minor children, if applicable
• Inheritance tax considerations: plan for potential inheritance tax and strategies to minimise its impact
• State benefits: ensure that your loved ones can continue to receive state benefits without interruption

By including these elements, you can create a will that accurately reflects your wishes and provides clear instructions for the management of your estate.

Choosing Executors for Your Military Will

Selecting the right executors for your will is a critical decision, as these individuals will be responsible for managing your estate and ensuring your wishes are carried out. When choosing executors, consider the following factors:

• Trustworthiness: choose individuals who are reliable and have your best interests at heart.
• Capability: ensure they have the ability to handle financial and administrative tasks effectively.
• Familiarity with your affairs: select someone who understands your personal and financial situation.
• Willingness to serve: confirm that they are willing and able to take on the responsibilities of an executor.
• Communication skills: they should be able to communicate effectively with your loved ones and beneficiaries.

You can choose a family member, friend, or legal representative as your executor. Making a thoughtful choice will help ensure that your estate is managed smoothly and according to your wishes.

When Should I Update a Military Will?

If you already have a will, it should not be viewed as a one-off document. We recommend reviewing it every two to three years, or sooner if you experience a major change in your life. In the armed forces, it is common to make a will at a young age and to name parents or siblings as beneficiaries. As time goes on, your circumstances may change – you may form a long-term relationship, get married, have children or purchase property – and your will should be updated to reflect these developments.

Keeping your will current ensures that your estate is distributed according to your wishes and managed by the people you trust. It allows you to make sure the right arrangements are in place for those closest to you.

Our solicitors can guide you through when and how to update your will, helping you put clear, practical provisions in place that reflect your present circumstances.

Q

Why do I need a will as a member of the armed forces?

A

A will sets out your instructions for what should happen to your money, property and possessions (your estate) after your death. It also ensures that the people most important to you are provided for. If you die without a valid will, your estate is distributed according to intestacy rules. This can mean that those you would want to benefit may receive nothing.

For serving personnel, the consequences can be far-reaching:

• If you have children under 18, a will allows you to appoint guardians. Without this, you have no control over who would care for them or whether they inherit from you.
• Unmarried partners and those not in a civil partnership cannot inherit without a will.
• If you are separated but not divorced, your estranged spouse could inherit your estate.
• You can appoint executors and trustees you trust to manage your estate - without a will, the law makes that decision for you.

Having a valid will gives you control over these decisions and makes sure your estate is handled in the way you intend.

Q

What are the financial benefits associated with military wills? Why do I need to update my will?

A

A valid will provides clear financial advantages by protecting assets, planning for how they are passed on, and maintaining control of your own affairs. For armed forces personnel, this can be particularly relevant where compensation or specialist arrangements are involved.

• Compensation awards: if you have received money through a military injury claim or an Armed Forces Compensation Scheme (AFCS) award, your will can set out how this should be distributed if it remains unspent or held in trust.
• Control over inheritance: you may wish your children to inherit, but not immediately at 18. A will allows you to create flexible provisions so funds are released at a time you feel is most appropriate.
• Protection for partners and spouses: if your spouse receives means-tested benefits, trusts can be set up to preserve their entitlement. You can also use your will to protect assets against care home fees.
• Inheritance tax planning: careful drafting can help manage potential inheritance tax on your estate, ensuring your family is in the strongest position under existing rules.
• Lasting powers of attorney: although separate from a will, these documents allow you to appoint someone to manage your financial and health decisions if you become unable to do so, providing continuity and security for your affairs.

By putting these measures in place, a military will helps safeguard the financial future of those closest to you and ensures that any awards or assets are managed in line with your intentions.

Q

What should I do if I have a will and need to change it?

A

If you already have a will - such as a simple military will made using MOD Form 106 - you can update it at any time. For many members of the armed forces, the first will is written at a relatively young age, often naming parents or siblings as beneficiaries. As your circumstances change, it is important to revisit and amend your will so that it reflects your current situation.

The process of updating a will usually involves:

• Reviewing the existing document: identifying which parts no longer reflect your wishes.
• Deciding on changes: this may include naming new beneficiaries, removing previous ones, appointing different executors, or updating guardianship provisions for children.
• Drafting an update: changes can be made either by preparing a codicil (a formal amendment to the existing will) or by creating a new will.
• Formal execution: once drafted, the updated will or codicil must be signed and witnessed correctly for it to be legally valid.

Our solicitors can review your will with you, explain the best method of making amendments, and draft the necessary documents to ensure they are legally effective. This means your will accurately reflects your wishes, your estate is managed by the right people, and those closest to you are properly provided for.