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Sailors Wills

Also known as: Privileged Wills, Maritime Wills, Seamen Wills

Definition

A sailor's will (or privileged will) is a will made by mariners or seamen at sea that remains valid without witnesses, written formalities, or the usual age requirements under UK law.

This legal exception recognises that people at sea face unique dangers and may not have access to solicitors or witnesses when they need to make urgent arrangements.

What Do Sailors Wills Mean?

Under English and Welsh law, sailors' wills are a type of privileged will created by Section 11 of the Wills Act 1837 and extended by the Wills (Soldiers and Sailors) Act 1918. These laws allow mariners, seamen, and naval personnel "being at sea" to make valid wills without following the normal requirements in Section 9 of the Wills Act 1837. Unlike standard wills, sailors' wills don't need witnesses, can be made by people under 18, and can even be oral rather than written. This privilege applies to Royal Navy personnel, merchant navy sailors, and civilian maritime workers when they're at sea.

The privilege exists because Parliament recognised in 1837 that sailors faced death at sea far from legal services, often at young ages, and needed a practical way to dispose of their property. James, a 17-year-old Royal Navy recruit deployed at sea, writes a simple will on paper stating he leaves his £8,000 in savings to his mother and his £3,500 car to his brother. He signs it but has no witnesses. Under Section 11 of the Wills Act 1837, this is a valid privileged will, even though James is under 18 and the will lacks witnesses.

While oral privileged wills are legally valid, they create significant evidentiary challenges. Sarah, 35, works as a cook on a merchant vessel. While at sea, she becomes seriously ill and verbally tells the ship's captain she wants her estate to go to her sister, with two crew members present. This oral privileged will is legally valid under sailors' will provisions. However, proving its content later requires the captain and crew members to testify about exactly what Sarah said, making written privileged wills far more practical despite both being legally permitted.

A common misconception is that privileged wills expire when sailors return to land. David made a privileged will while serving in the merchant navy at age 20. He's now 45 and runs a business on land. His original sailors' will remains valid—it doesn't expire when he left maritime service. However, if David wants to make a new will now, he must follow standard formalities (writing, signature, two witnesses). The privilege only affects making the will, not its ongoing validity.

Common Questions

"Can a sailor make a will without witnesses?" Yes, sailors at sea can make a privileged will without witnesses under Section 11 of the Wills Act 1837. This applies to mariners and seamen being at sea, including those in the Royal Navy, merchant navy, or similar maritime service. The will can be written or even oral, unlike standard wills which require two witnesses.

"Can sailors under 18 make a valid will?" Yes, sailors and mariners at sea can make a valid privileged will even if they're under 18 years old. This exception to the normal age requirement recognises that maritime service often recruits young people who face inherent risks at sea and may need to make end-of-life arrangements despite their age.

"Does a sailor's will expire when they return to land?" No, a sailor's privileged will remains valid indefinitely even after returning to land or leaving maritime service. It doesn't expire automatically—it must be formally revoked like any other will. However, once back on land, any new will must follow standard formalities (writing, signature, two witnesses).

Common Misconceptions

Myth: Privileged wills are only for combat situations or wartime

Reality: Sailors' wills apply to any mariner or seaman "being at sea" regardless of whether there's a war or combat situation. A merchant navy cook, a Royal Navy typist, or a civilian maritime worker all qualify if they're at sea. The privilege recognises the inherent dangers and practicalities of maritime life, not just combat.

Myth: A sailor's privileged will automatically expires when they leave maritime service

Reality: A privileged will made while at sea remains legally valid indefinitely, even after the sailor returns to land permanently or leaves maritime service entirely. It must be formally revoked (by destruction, new will, or marriage) just like any standard will. The privilege only affects making the will, not its ongoing validity.

  • Testator: The person making the will—in privileged wills, the testator must be a mariner at sea and may be under 18, unlike standard testators who must be 18 or older.
  • Executor: The person appointed to administer the estate, performing the same role in both privileged and standard wills.
  • Wills Act 1837: The foundational legislation that creates the sailors' will privilege in Section 11 and defines standard will requirements in Section 9.
  • Codicil: A document that amends a will—codicils can modify privileged wills, though they must follow standard formalities if made on land.
  • Special Circumstances: The broader category that sailors' wills fall under, alongside other exceptional will-making situations recognised by UK law.

Need Help with Your Will?

While sailors at sea can make privileged wills, most people need a standard will that meets all legal requirements. Understanding these special circumstances helps you know your options.

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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.