Military Will Solicitors – for Army, Royal Navy, Royal Marines and RAF Personnel
Why Military Personnel Need More Than a Basic Will
The Armed Forces encourage service personnel to make a will for good reason. Military life often involves circumstances that many civilians never face, including operational deployments, overseas postings, periods away from home and greater exposure to risk. A professionally drafted will can help ensure that your wishes are carried out and that your family is protected should the unexpected happen.
Whether you serve in the Army, Royal Navy, Royal Marines or Royal Air Force, having an up-to-date will can provide peace of mind that your family and loved ones will be protected if the unexpected happens.
A MOD Form 106 will may be suitable for some straightforward situations. However, many members of the Armed Forces have family and financial arrangements that require more detailed legal advice than a standard military will can provide.
A professionally prepared will can help ensure:
- Your estate passes to the people you choose.
- Your spouse, civil partner or unmarried partner is properly protected.
- Children are financially provided for.
- Guardians are appointed for minor children.
- Property and investments are dealt with correctly.
- Family disputes are reduced wherever possible.
- Inheritance tax issues are considered.
- Your executors understand their responsibilities.
Many serving personnel create a will early in their military career and then never review it. However, circumstances often change. Marriage, children, divorce, property ownership and promotion can all affect whether your existing will remains suitable.
We advise serving personnel from all branches of HM Armed Forces, including the Army, Royal Navy, Royal Marines and Royal Air Force, together with reservists, veterans and military families.
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Common Military Situations That Can Affect Your Will
We regularly advise serving personnel, reservists and veterans whose circumstances have become more complex than a basic military will can comfortably deal with.
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Marriage or Civil Partnership
Marriage usually revokes an existing will unless it was specifically drafted in contemplation of that marriage.
Many members of the Armed Forces are surprised to discover that their previous will may no longer be valid after they marry.
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Divorce and Separation
Divorce does not automatically cancel a will. However, it can have significant consequences for how the will operates.
A review is usually sensible following any separation, divorce or dissolution of a civil partnership.
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Unmarried Partners
Many service personnel believe that a long-term partner automatically inherits their estate.
Unfortunately, that is often not the case.
Under the law of England and Wales, unmarried partners do not generally enjoy the same inheritance rights as spouses or civil partners. A professionally drafted will is often the best way of ensuring they are protected.
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Children from Previous Relationships
Blended families are increasingly common within the Armed Forces community.
You may wish to provide for a current spouse or partner while also ensuring that children from an earlier relationship receive part of your estate.
A properly drafted will can help achieve this balance.
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Property Ownership
If you own a home, buy-to-let property or share in a property, additional planning may be needed.
The way property is owned can have a significant impact on what happens after death.
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Overseas Postings and Foreign Assets
Military personnel who have been stationed overseas are more likely than many civilians to spend time living or working overseas.
Some acquire foreign bank accounts, investments or property during overseas postings. Others may have assets located in more than one country.
Foreign assets can create additional legal and practical issues following death. In some cases, local succession laws may apply alongside the law of England and Wales. For this reason, service personnel with overseas assets should consider obtaining specialist advice to ensure their estate planning arrangements remain effective.
We also advise:
- Army Reserve personnel
- Royal Naval Reserve personnel
- Royal Auxiliary Air Force personnel
- Veterans and former members of HM Armed Forces
- Military spouses and civil partners
- Families of serving personnel
Many legal issues continue long after active service has ended. Retirement, second marriages, grandchildren, inheritance tax planning and property ownership can all make it sensible to review an existing will.
Reservists and Veterans
The need for a properly drafted will is not limited to serving regular personnel. Reservists frequently have the same family and financial responsibilities as full-time members of the Armed Forces. Many have spouses, children, property and business interests that should be considered as part of a wider estate planning strategy.
Veterans and former members of HM Armed Forces often require advice following retirement, remarriage, inheritance, property acquisition or changes in family circumstances.
A will that was appropriate at the start of a military career may no longer be suitable decades later.
Military Wills for Personnel Based on Salisbury Plain
With major military establishments located across Salisbury Plain, we regularly advise Army personnel, reservists and military families based throughout Wiltshire and Hampshire.
However, our military wills service is not restricted to local clients. We also advise serving personnel stationed elsewhere in the UK and overseas using telephone, email and video appointments.
Whether you are based in the UK, Germany, Cyprus, the Falkland Islands, the Middle East or elsewhere, we can usually assist without the need for a face-to-face meeting.
Deploying Soon? Review Your Will Before You Go
One of the most common mistakes we encounter is the assumption that an existing will remains suitable simply because it was valid when it was signed.
Before deployment, it is sensible to review your will if:
- You have married or entered a civil partnership.
- You have separated from a spouse or partner.
- You have had children.
- You have bought or sold property.
- You have acquired significant savings or investments.
- You have started a business.
- You wish to change your executors.
- You wish to appoint or change guardians for your children.
A simple review can often identify issues quickly and provide reassurance that your affairs are in order before deployment.
When a MOD 106 Will just won’t do
Many people search online for an “army will” or “army wills”. In reality there is no separate legal type of will that applies only to Army personnel – apart from the extremely basic MOD 106 will. However, military service can create circumstances that make specialist will drafting particularly important.
In fact, all military personnel are “strongly advised [by the MOD] to draw up a will with a solicitor prior to deployment.” And for many years,the official Army website itself actually stated: “It is essential for Service Personnel and spouses to make a will”
But a simple 106 will may not deal adequately with more complex personal circumstances.
Additional advice is often sensible if:
- You own a house, flat or other property.
- You have children under the age of 18.
- You wish to appoint guardians for your children.
- You are in your 2nd (or more) marriage and need to make provision for children from prior marriages or relationships (you may have maintenance commitments).
- You have remarried.
- You are unmarried but wish to provide for a partner.
- You have substantial savings, investments or pensions.
- You own assets overseas.
- You run a business.
- You wish to protect assets for future generations.
You may think that you don’t need a will because your loved ones will be financially provided for, but if you haven’t dealt with issues relating to former marriages and unmarried partners you will be leaving them with heartache and a large bill to pay to unravel the mess.
A professionally prepared will can help reduce the risk of family disputes, avoid unintended consequences and ensure that your estate passes in accordance with your wishes.
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Your military will – we can help you wherever you are based
With offices in Salisbury, Amesbury, Andover and Fordingbridge we don ‘t just represent serving HM Armed Forces personnel based at the garrisons on Salisbury Plain. We also represent services personnel nationwide and abroad, communicating by telephone, e-mail and Teams video – as well as retired ex-HM Forces personnel.
We are members of Forces Law – a nationwide group of expert military lawyers, and our team provide legal assistance to members of both Regular and Reserve Forces, as well as veterans.
Military Wills and Lasting Powers of Attorney
A will and a Lasting Power of Attorney perform very different functions.
A will deals with what happens after death.
A Lasting Power of Attorney deals with what happens during your lifetime if you cannot make decisions yourself or need assistance managing your affairs.
For many members of the Armed Forces, both documents form an important part of sensible legal planning
Military Wills – frequently asked questions
Do military personnel need a solicitor to write a will?
No. However, many serving personnel have property, children, unmarried partners or other circumstances that benefit from professional legal advice.
Is a MOD Form 106 will legally valid?
Yes. A MOD Form 106 will is generally legally valid if properly completed and signed, although it may not adequately deal with more complex circumstances.
Does marriage cancel a military will?
Usually yes. Marriage normally revokes an existing will unless it was specifically drafted in contemplation of that marriage.
Can an unmarried partner inherit from a serving member of the Armed Forces?
Not automatically. Unmarried partners do not have the same inheritance rights as spouses or civil partners and often need the protection of a valid will.
Should I update my will before deployment?
It is usually sensible to review your will before deployment, particularly if your family, financial or property circumstances have changed.
Can I make or update a will while serving overseas?
Yes. Many military personnel can make or update a will while serving overseas using telephone, email and video appointments.
Do reservists need a will?
Reservists often have the same family and financial responsibilities as regular service personnel and should consider having an up-to-date will.
How often should military personnel review their will?
Military personnel should review their will every few years and whenever there is a major life event such as marriage, divorce, children or property ownership.
Free Review of your Will
If you’re not sure of whether or not you need to update your Will, then take advantage of Bonallack & Bishop’s free will writing review offer
So just call us on FREEPHONE 0800 1404544 or one of our four local office numbers to book in your FREE wills review appointment with 1 of our solicitors – with no obligation or strings attached.
