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Armed Forces Wills

Also known as: Privileged Wills, Military Wills, Soldiers' Wills

Definition

Armed forces wills, also called privileged wills, allow UK military personnel in actual military service to make valid wills without witnesses or even in spoken form under special legal provisions.

Understanding your will-making options is crucial for protecting your loved ones during military service, especially when facing deployment or operational duties.

What Are Armed Forces Wills?

The term "armed forces wills" encompasses both privileged wills (informal wills under special legal provisions) and comprehensive civilian-style wills made by military personnel. Under Section 11 of the Wills Act 1837 and the Wills (Soldiers and Sailors) Act 1918, service members in "actual military service" can make wills without the normal formalities required by Section 9 of the Wills Act 1837. "Actual military service" means serving with armed forces in connection with military operations that are taking place, have taken place, or are believed to be imminent—this doesn't require combat zones but includes operational service, training for deployment, and preparation for active operations.

Privileged wills don't require two witnesses like standard wills. They can be written informally on ordinary paper, or even made orally (spoken aloud to witnesses). Service members under 18 can also make valid privileged wills when in actual military service—an exception to the normal requirement that testators be 18 or older. The MoD provides Form 106 (the Joint Service Will Form) as a simple will option, stored centrally in Glasgow. However, many military personnel also create comprehensive civilian-style wills before deployment to address complex issues like property ownership, military pensions, trusts for children, and guardianship arrangements.

Jake, 19, joins the Royal Marines before his first deployment. He completes MoD Form 106, appointing his mother as executor and leaving his £3,000 savings to his parents. Because he's in actual military service, this constitutes a valid privileged will even without witnesses. For Jake's straightforward situation—young, single, minimal assets—Form 106 is adequate. However, Captain David Richards, 35, married with two children, owns a £380,000 house and has a Royal Navy pension. His old Form 106 from 10 years ago no longer reflects his circumstances. David needs a comprehensive will addressing property, pension beneficiaries, trusts for his children's education, and guardianship appointments—matters Form 106 cannot adequately cover.

Privileged will status only applies while in actual military service. Once that status ends, standard will requirements apply to any changes. However, privileged wills made during service remain valid even after leaving the forces. Military pensions require special consideration in estate planning, and the MoD strongly recommends professional legal advice before deployment, especially for service members with property, significant assets, or complex family situations.

Common Questions

"Can military personnel make a will without witnesses?"

Yes, members of the armed forces in actual military service can make a 'privileged will' that doesn't require witnesses. This special provision under Section 11 of the Wills Act 1837 and the Wills (Soldiers and Sailors) Act 1918 allows soldiers on active duty to make valid wills with reduced formalities, including oral wills or written wills without witnesses.

"Is the MoD Form 106 military will suitable for everyone in the armed forces?"

No, MoD Form 106 is a simple military will form suitable for young service personnel with few assets and straightforward family situations. However, it's not adequate for complex situations involving multiple properties, business interests, blended families, or significant investments. The form itself states that professional legal advice should be sought in certain circumstances, and many servicemembers need more comprehensive civilian-style wills.

"Can someone under 18 in the military make a valid will?"

Yes, armed forces personnel under 18 can make a valid privileged will if they are in actual military service. This is an exception to the normal rule requiring testators to be 18 or older. The Wills (Soldiers and Sailors) Act 1918 specifically allows minors in active military service to make legally binding wills disposing of their personal estate.

Common Misconceptions

Myth: "MoD Form 106 is all I need—it's designed for the military so it covers everything."

Reality: MoD Form 106 is a simplified will form suitable only for straightforward situations with limited assets and simple family structures. The form itself explicitly states that professional legal advice should be sought for complex circumstances including shared property, blended families, significant assets, or business interests. Many servicemembers have outdated Form 106 wills that no longer reflect their current circumstances.

Myth: "Privileged wills are only valid during combat or war zones—I need to follow normal procedures if I'm just training or on base."

Reality: The definition of "actual military service" has been interpreted broadly by UK courts. You don't need to be in a combat zone for privileged will provisions to apply. Courts have established that "actual military service" includes serving with armed forces in connection with military operations that are taking place, have taken place, or are believed to be imminent. This can include training exercises, preparation for deployment, and service on military bases connected to active operations.

  • Testator: The person making the will; in armed forces wills, the testator must be a member of HM Forces in actual military service to benefit from privileged will provisions.
  • Executor: The person who administers the estate after death; armed forces wills must appoint an executor just like civilian wills, a required field on MoD Form 106.
  • Wills Act 1837: Section 11 of this Act establishes privileged will provisions for armed forces personnel, creating exceptions to the formal requirements in Section 9.
  • Codicil: An amendment to a will; military personnel making changes to privileged wills while in actual military service can make privileged codicils, but must follow standard procedures once out of active service.

Need Help with Your Will?

While MoD Form 106 works for simple situations, service personnel with property or significant assets need comprehensive estate planning. Understanding your will-making options is essential for protecting your loved ones during military service.

Create your will with confidence using WUHLD's guided platform. For just £99.99, you'll get your complete, legally binding will plus three expert guides. Preview your will free before paying anything—no credit card 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.