*Information contained on this website is designed to educate and inform service members and their families on personal legal affairs. This website is no substitute for the competent legal advice of a licensed attorney. Service members and their families seeking legal advice should consult the staff of the nearest installation legal assistance office.
Although writing a last will and testament is not required, it is recommended that service members and their families have wills, even if you do not have kids or valuable property.
A valid will is a legally binding document that ensures your wishes are carried out after your death. If you haven't created one already, here are several reasons why you should consider preparing a will.
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Importance of the will
If you own property, for instance, your estate may increase in value after mortgage repayment or general appreciation. If you don't have a will, you won't have a say in how your estate gets divided.
Instead, a formula fixed by state law will divvy your possessions up to decide who gets control over what portion of your estate. And a judge will choose guardians for your children. As a parent, you want the final say in who raises your children in the event of your death. You need a will to designate legal guardians for your surviving kids.
When you can write and update a will
Don't
leave it to chance. Legally direct how you want your personal property and children taken care of in the event of your death.
Any person aged 18 or older who is of sound mind can write a will. However, keep in mind if you write a will under life-threatening circumstances, the will could be challenged. If you do not write your will on your own—you personally, not a family member or anyone else—then your will could be changed or revoked. An attorney at your legal assistance office can help you draw up a will and any associated estate-planning documents.
You can change your will at any time as long as you meet certain conditions, like rewriting the entire will or using an amendment called a "codicil." Requirements for a codicil are the same as requirements for your original will.
- You may want to update your will with your attorney if:
- You get married or divorced
- A birth or death in your family affects your plan in your will
- You have a large increase or decrease in the value of your property
- The person you name as executor, guardian or trustee dies or becomes unavailable to serve
- The laws associated with estate taxes change
- You change your state of legal residence
- You wish to change how you want your property distributed
Regardless of your branch of service, you can get help drafting or updating legal documents. Your legal assistance office can help you create a will that suits your desires and needs. In the event your legal assistance attorney isn't able to give you the advice you need for your property, legal assistance will help you find a civilian attorney.