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Wills for Armed Forces Personnel: Military Will Guide UK

· 16 min

Note: The following scenario is fictional and used for illustration.

Corporal James Mitchell, 28, Royal Engineers, received deployment orders to Estonia on 14 days' notice. He owned a £185,000 flat in Chatham with his fiancée Rachel (unmarried), had £42,000 in savings from Forces Help to Buy, and wanted his mother as guardian for his two-year-old daughter if both he and Rachel died.

James knew MOD Form 106 didn't cover guardianship or explain what happens to his share of the flat if he died. A solicitor quoted £680 and needed three weeks. James used an online will service instead, completing everything in 18 minutes for £99.99.

24% of all UK armed forces deaths between 1999 and 2024 occurred on operations. For the 181,550 armed forces personnel serving as of October 2024, will planning isn't abstract—it's urgent.

This guide explains the three will options for armed forces personnel, when to use each, and how to create a comprehensive will quickly before deployment.

Table of Contents

Why Armed Forces Personnel Need a Will More Than Most

Military service carries real mortality risk. Between 1999 and 2024, 721 out of 3,027 UK armed forces deaths occurred on operations—24% of all service deaths. Deployment notices arrive with 14-21 days' warning, leaving little time for traditional solicitor appointments that take 3-4 weeks.

Without a will, unmarried partners inherit nothing under UK intestacy rules. Your entire estate goes to children, parents, or siblings—no matter how long you've lived together or whether you own property jointly.

Emma, 26, Royal Navy, lived with her partner Jake for 5 years. They jointly owned a £240,000 house. Without a will, Emma's share would go to her parents if she died, potentially forcing Jake to buy them out or sell.

Financial assets unique to military personnel complicate matters further:

  • Forces Help to Buy loans (up to £25,000 outstanding balance deducted from estate)
  • Military pensions with death-in-service nominations separate from your will
  • Multiple properties from frequent relocations
  • Service compensation claims

David, 32, Army single father, had a 6-year-old son whose mother had abandoned contact. Without appointing guardians for his children, his son could face care proceedings or placement with his ex-wife's family he'd never met.

Time pressure makes this worse. You can't wait.

Understanding Privileged Wills for Military Personnel

Section 11 of the Wills Act 1837 allows armed forces members "in actual military service" to make wills without witnesses, under age 18, or even orally. The Wills (Soldiers and Sailors) Act 1918 extended this to Royal Navy, Royal Marines, British Army, and Royal Air Force.

Courts interpret "actual military service" broadly—deployment preparation, dangerous exercises, and military circumstances separating you from civilian life. Not just combat zones.

Privileged wills can be written without witnesses, made orally, implied from letters, or made by personnel under 18.

Lance Corporal Sarah Williams, 17, wrote to her parents: "If anything happens, I want my savings for my brother's university." This could constitute a valid privileged will despite her age.

Critical point: privileged wills are more likely to be challenged. Most military personnel should use properly witnessed standard wills unless circumstances make that impossible—like immediate combat deployment with no witness access.

A privileged will remains valid after you leave service, but you can only make new privileged wills while on active service.

MOD Form 106: The Joint Service Will Form Explained

MOD Form 106 is the Joint Service Will Form available through unit admin offices. It's free and meets all Wills Act 1837 requirements when properly executed with two witnesses.

What it covers:

Critical limitations: The MOD itself states personnel "are strongly advised to draw up a will with a solicitor prior to deployment." Form 106 is not suitable for:

  • Multiple properties
  • Unmarried partner provisions
  • Guardianship appointments for children
  • Specific asset distribution ("my car to my brother")
  • Trust creation
  • Business interests
  • Tax planning
  • International assets

Corporal James Okonkwo, single, 24, £18,000 savings, no property, wants everything to his mother: MOD Form 106 is perfect.

Sergeant Lisa Thompson, 34, married with two children, £280,000 house jointly owned, £95,000 savings, needs guardian appointments and testamentary trust for children until age 25: MOD Form 106 is inadequate.

Feature MOD Form 106 Standard Will (WUHLD) Solicitor Will
Cost Free £99.99 £650+
Time 20-30 min 15 min online 3-4 weeks
Guardianship No Yes Yes
Multiple properties Basic only Yes, detailed Yes, detailed
Unmarried partners Limited Yes, detailed Yes, detailed
Trust creation No No (simple estates) Yes
Updates New form required Free anytime £150+ per update

MOD Form 106 works for very simple estates—single, no property, one or two beneficiaries. Anyone with property, unmarried partners, children, or assets over £100,000 needs something more comprehensive.

Do You Need Witnesses for a Military Will?

Most military wills require two independent witnesses aged 18+ who are not beneficiaries or married to beneficiaries. This includes MOD Form 106.

The privileged will exception means if you're on actual military service, you legally don't need witnesses under Section 11. But this creates risk—unwitnessed wills face higher challenge rates after death.

Best practice: even if privileged will rules apply, use witnesses. It takes 2 extra minutes and eliminates disputes.

Under Section 15 of the Wills Act 1837, if a beneficiary witnesses your will, their gift becomes void. Your executor can witness—they don't benefit personally.

Private Alex Turner, 21, named his girlfriend Emily as sole beneficiary. Emily witnessed the will. Result: Emily's gift is void. Alex should have used fellow soldiers as witnesses.

Fellow service members can witness. Commanding officers can witness. Military chaplains can witness. All are acceptable.

Captain Rachel Foster, about to deploy to an active combat zone with no time for witnesses, writes a clear signed dated will. This privileged will is legally valid without witnesses, but Rachel should get two officers to witness anyway—it eliminates future disputes with minimal effort.

What to Include in Your Military Will

Executor: Choose someone available—not deploying simultaneously. Consider a backup.

Guardianship: Critical for military parents. Name specific guardians and backups for if both parents die.

Beneficiaries: Be specific about unmarried partners (no common law marriage in English law). Name backups.

Property: Specify your share of jointly-owned property.

Military-specific assets:

  • Forces Help to Buy loan (outstanding balance deducted from estate)
  • Military pension (verify MOD nomination forms match will)
  • Medals, uniforms, deployment mementos

Digital assets: Social media, photos, email accounts.

Sergeant David Hughes wanted his wife to inherit everything but his eldest son to receive medals and uniform at age 18. Specifying this prevented disputes.

Military will checklist:

  • Executor and backup (not deploying simultaneously)
  • Guardian for children and backup
  • Jointly-owned property distribution
  • Forces Help to Buy beneficiary (after loan repayment)
  • Military medals, uniform, mementos
  • Unmarried partner provision (no automatic rights)
  • Backup beneficiaries
  • Digital asset access
  • MOD pension nominations match will

Creating Your Will Before Deployment: A Step-by-Step Guide

You can complete your will in 3.5 hours across 3 days with 14 days' notice before deployment.

Step 1: List your assets (30 minutes)—Property, savings, vehicles, Forces Help to Buy equity. Calculate value. Identify beneficiaries.

Step 2: Choose your method—MOD Form 106 (simple estates only), WUHLD (£99.99, most personnel), or solicitor (£650+, complex estates).

Step 3: Gather information (1 hour)—Full names and addresses of beneficiaries, executors, guardians. Asset details. Backup plans.

Step 4: Complete will (15-30 minutes)—Answer questions online. Preview before paying. Make corrections.

Step 5: Execute with witnesses (15 minutes)—Print two copies. Sign with two independent witnesses aged 18+ (not beneficiaries).

Step 6: Store safely (30 minutes)—Tell executor location. Store original safely. Copy with family or unit admin.

Step 7: Update MOD forms (15 minutes)—Ensure death-in-service nominations match your will.

Lieutenant Sarah Ahmed completed her will in 7 days using WUHLD: 18 minutes online January 8th, witnessed January 9th, copy to executor January 10th, MOD forms updated January 12th.

Updating Your Will: When Military Personnel Should Review

Update your will:

  • Before each deployment
  • After marriage (marriage automatically revokes previous wills—you need a new will immediately)
  • After divorce (remove ex-spouse completely)
  • Birth or adoption of children (add guardianship provisions)
  • Buying property (especially with unmarried partner—they have no automatic rights)
  • Moving in with unmarried partner (unmarried partners inherit nothing under intestacy)
  • Beneficiary or executor death (appoint replacements)
  • Leaving armed forces (create new standard will reflecting civilian life)

Corporal Jake Williams made a will in 2019 leaving everything to girlfriend Emma. They married in 2021. His will is now invalid—marriage revoked it.

Review before each deployment, after major life events, and every 3-5 years minimum.

With WUHLD, update free anytime. No £150+ solicitor fees per update. Create once for £99.99, then modify whenever you marry, have children, or deploy again.

Free and Low-Cost Will Services for Armed Forces Personnel

Armed Forces Legal Aid Scheme (AFCLAA): Free legal representation for certain matters. Contact your unit legal officer to check will-writing eligibility.

Military charity partnerships: Royal British Legion, Army Benevolent Fund, SSAFA offer free online will-writing through Farewill. Available to supporters in England, Wales, and Northern Ireland.

Online will services: WUHLD (£99.99, includes guardianship, unlimited free updates, 15 minutes).

MOD Form 106: Free through unit admin. Simple estates only.

Military law solicitors: Many offer free consultations and 10-15% discounts.

Service Cost Time Best For Limitations
MOD Form 106 Free 20-30 min Simple estates, single, no children No guardianship, no complex assets
Farewill (charity) Free 30-45 min Standard estates, charity supporters Limited availability, legacy gift encouragement
WUHLD £99.99 one-time 15 min Property owners, children, unmarried partners Not for business interests or international assets
Military solicitor £500-650 3-4 weeks Very complex estates, significant wealth Expensive, slow, updates cost £150+

Access free services: Contact unit legal officer (AFCLAA), call Royal British Legion Farewill partnership (020 8050 2686), Army Benevolent Fund (020 8176 6715), or visit SSAFA free will services.

For property owners, unmarried couples, or parents needing guardianship, WUHLD offers comprehensive coverage at £99.99 with unlimited updates.

What Happens If You Die Without a Will While Serving

Without a will, intestacy rules determine who inherits—not what you'd want.

Unmarried partners inherit nothing. English law has no common law marriage. Even after 20 years together with children and joint property, your unmarried partner gets zero. Estate goes to children, parents, or siblings.

Married spouse inheritance:

  • No children: spouse gets first £322,000 plus half remainder
  • With children: spouse gets first £322,000 plus half remainder; children share other half (at age 18)

No guardian appointment. Courts decide who raises your children—may not be your choice. Causes family disputes.

Administration delays. Intestacy takes 12-18 months vs 6-9 months with a will.

Lance Corporal Tom Richards, 26, died in a training accident. He'd lived with girlfriend Sophie 4 years with 2-year-old daughter Lily. They jointly owned a £210,000 flat. Tom had no will.

Result: Tom's £105,000 flat share plus £28,000 savings (£133,000) went to Lily in trust until age 18. Sophie inherited nothing and has no access to funds until Lily turns 18. Sophie had to apply for guardianship through courts.

Intestacy abandons your loved ones to a rigid formula. For military families, dying without a will multiplies hardship.

Frequently Asked Questions

Q: Can military personnel under 18 make a will in the UK?

A: Yes, under Section 11 of the Wills Act 1837, members of the armed forces in actual military service can make a valid will even if they're under 18 years old. This is an exception to the standard rule requiring testators to be 18 or older. The will must be made while on active service, and it's called a "privileged will." Once they leave service or turn 18, they should create a standard witnessed will.

Q: What is a privileged will for armed forces personnel?

A: A privileged will is a special type of will available to military personnel on active service that doesn't need to follow normal formalities. It doesn't require witnesses, can be made orally or in writing, and can even be made by someone under 18. This provision exists under Section 11 of the Wills Act 1837 to accommodate the unique circumstances of military deployment. However, most military personnel should still use a properly witnessed will for clarity.

Q: What is MOD Form 106 and should I use it?

A: MOD Form 106 is the Joint Service Will Form designed for UK armed forces personnel. It's a standardized template that helps military members create a legally valid will quickly before deployment, and it's free. However, the MOD itself recommends that personnel with complex estates, multiple properties, or significant assets should consult a solicitor instead, as Form 106 may not address all intricacies. It's best for single personnel with simple estates and no children.

Q: Do I need witnesses for a military will if I'm being deployed?

A: If you're on active military service and making a privileged will, you don't legally need witnesses under Section 11 of the Wills Act 1837. However, for a standard will (including MOD Form 106), you still need two independent witnesses aged 18 or older who are NOT beneficiaries. Most military personnel use the standard witnessed format as it's clearer and less likely to be challenged later. Fellow service members can serve as witnesses.

Q: Can I get free legal help to make a will as an armed forces member?

A: Yes, several options exist. The Armed Forces Legal Aid Scheme provides free legal advice for certain matters, and many military law solicitors offer free initial consultations with preferential rates. Additionally, military charities like the Royal British Legion, Army Benevolent Fund, and SSAFA partner with Farewill to offer free will-writing services to supporters. MOD Form 106 is also free through your unit admin, though it has limitations for complex estates.

Q: What happens to my will if I leave the armed forces?

A: A privileged will made during active service remains valid after you leave the armed forces, but you lose the ability to make future privileged wills without witnesses. It's recommended to create a new standard will after leaving service, especially if your circumstances have changed (marriage, children, property ownership), to ensure your will reflects your current situation and is properly witnessed. Standard wills provide more clarity and are less likely to be challenged.

Q: How often should military personnel update their wills?

A: Military personnel should update their wills before each deployment, after major life events (marriage, divorce, children, property purchase), when beneficiaries or executors change, and at least every 3-5 years even without major changes. The unpredictable nature of military service—frequent relocations, promotions, relationship changes—makes regular will reviews especially important for armed forces members. Marriage automatically revokes previous wills, so you need a new will immediately after marrying.

Conclusion

Armed forces personnel face unique mortality risks and time pressures that make will planning urgent:

  • 24% of UK armed forces deaths between 1999 and 2024 occurred on operations, with deployment notices as short as 14 days
  • Privileged wills allow military personnel on active service to make wills without witnesses or even under age 18, but most should use standard witnessed wills for clarity and to prevent disputes
  • MOD Form 106 is free and works for very simple estates (single, no property, no children), but it's inadequate for property owners, unmarried couples, or parents needing guardianship provisions
  • Unmarried partners inherit nothing under intestacy rules—even if you've lived together for years and own property jointly. A will is the only way to protect them
  • Multiple free and low-cost options exist based on estate complexity: charity partnerships (Farewill), online services (WUHLD £99.99), and MOD Form 106

James Mitchell created his will 11 days before deploying to Estonia. It took 18 minutes and £99.99. He deployed knowing his fiancée Rachel, his daughter, and his mother were all protected exactly as he wanted—not according to a legal formula that didn't know his family. You can have that same certainty before your next deployment.

Create your military will today with WUHLD. For £99.99 (vs £650+ for a solicitor), you'll get a complete, legally binding UK will that covers guardianship, property, unmarried partners, and military-specific assets—all in just 15 minutes. You can update it free anytime your circumstances change (new children, marriage, promotions, property purchases). Preview your entire will free before paying anything, so you can verify it's exactly right before you deploy.

Preview Your Will Free – No Payment Required

Legal Disclaimer:

This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.

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