Untitled Document

SOLDIERS' WILLS.
------------------------------

The soldier should always be careful to insert particulars of his relatives on pages 10 and 11 but it must be clearly understood that the entry of a name on those pages has not the legal effect of a Will and does not have any influence on the distribution of a soldier's estate Unless a soldier duly makes a Will, his estate has to be distributed in accordance with the laws of Intestacy and the person whom he might intend to benefit may receive little or no share in the distribution.

The Soldier's Will should be made out either on the separate Form provided for that purpose, or on one of the Forms contained in this Book, or on a separate sheet of paper, and unless he is on active service or under orders for active service, the testator must be of the age of 21 years, with the exception that a Scotsman can always dispose of movable property (as distinguished from heritable property—see paragraph 10) when of the age of 4 years or over.

The bequests in the Will may be varied according to the circumstances and wishes of each Soldier; but the form of attestation and the general outline of the Will, as shown in the following Forms, are to be carefully followed.

The Will must be signed by the testator with his name (or, if he cannot write, with his mark), in the presence of two witnesses, who must be present together and the Will must; be acknowledged and attested in the presence of all three, and dated.

A person to whom money, etc., is left by the Will, or the husband or wife of such a person, should not be an attesting witness, for the gift would not be good, but he or she may be appointed an executor.

In English law a Will may be revoked by the marriage of the testator, and therefore a new Will ought, to be made after marriage if desired. By the law of Scotland, the Channel Islands and the Isle of Man, the rights of the widow or children to some part of the estate cannot be defeated by a Will.

If any alteration is made in the writing of a Will, the signatures of the testator and the witnesses ought to be made in the margin or other part of the Will, opposite to or near such alteration, or at the foot or end of, or opposite to, a memorandum referring to such alteration and written at the end or some other part of the Will.

But an alteration or addition may be made by a Codicil (that is to say, by an addition to the Will), executed and witnessed in the same way as the Will.

When on active service in the field, or when he has been placed under orders for active service, a soldier of English, Guernsey or Manx domicile is privileged to make his Will in writing without the attesting witnesses (see pages 19 and 20), or to declare the same by word of mouth in the presence of witnesses, and if the testator is of English domicile he can dispose of all his property, of whatever kind.

10.

A soldier of Scottish, Jersey or Guernsey domicile can make a written Will without witnesses at any time, provided that it is entirely in his own handwriting and dated and signed by him at the foot of the document. A soldier of Scottish domicile can dispose by Will of movable property, at any time, when of the age of 14 years or over, but heritable property situated in Scotland cannot be disposed of by Will by a soldier under 21 years of age, unless he is at the time on active service in the field or under orders for active service. Heritable property-includes land and houses and rights in and to the same; movable property includes money, stocks, shares and certificates of money value, jewellery and other personal articles.

11.

When -any of the forms of Will on pages 15 to 20 have been completed by the soldier, it is in his interests to have the Will placed in safe custody, and Officers i/c Records have special facilities for doing this. The soldier should, therefore, on completing either of the Will forms, ask the Officer Commanding the Company, etc., to extract the Will from Army Book 64, and to arrange its despatch to the Officer i/c Records concerned, the counterfoil slip being completed by the Officer who extracts the Will.

___________________

Top

Return To Forms And Records
SOLDIERS' WILLS. ------------------------------
1.	The soldier should always be careful to insert particulars of his relatives on pages 10 and 11 but it must be clearly understood that the entry of a name on those pages has not the legal effect of a Will and does not have any influence on the distribution of a soldier's estate Unless a soldier duly makes a Will, his estate has to be distributed in accordance with the laws of Intestacy and the person whom he might intend to benefit may receive little or no share in the distribution.
2.	The Soldier's Will should be made out either on the separate Form provided for that purpose, or on one of the Forms contained in this Book, or on a separate sheet of paper, and unless he is on active service or under orders for active service, the testator must be of the age of 21 years, with the exception that a Scotsman can always dispose of movable property (as distinguished from heritable property—see paragraph 10) when of the age of 4 years or over.
3.	The bequests in the Will may be varied according to the circumstances and wishes of each Soldier; but the form of attestation and the general outline of the Will, as shown in the following Forms, are to be carefully followed.
4.	The Will must be signed by the testator with his name (or, if he cannot write, with his mark), in the presence of two witnesses, who must be present together and the Will must; be acknowledged and attested in the presence of all three, and dated.
5.	A person to whom money, etc., is left by the Will, or the husband or wife of such a person, should not be an attesting witness, for the gift would not be good, but he or she may be appointed an executor.
6.	In English law a Will may be revoked by the marriage of the testator, and therefore a new Will ought, to be made after marriage if desired. By the law of Scotland, the Channel Islands and the Isle of Man, the rights of the widow or children to some part of the estate cannot be defeated by a Will.
7.	If any alteration is made in the writing of a Will, the signatures of the testator and the witnesses ought to be made in the margin or other part of the Will, opposite to or near such alteration, or at the foot or end of, or opposite to, a memorandum referring to such alteration and written at the end or some other part of the Will.
8.	But an alteration or addition may be made by a Codicil (that is to say, by an addition to the Will), executed and witnessed in the same way as the Will.
9.	When on active service in the field, or when he has been placed under orders for active service, a soldier of English, Guernsey or Manx domicile is privileged to make his Will in writing without the attesting witnesses (see pages 19 and 20), or to declare the same by word of mouth in the presence of witnesses, and if the testator is of English domicile he can dispose of all his property, of whatever kind.
10.	A soldier of Scottish, Jersey or Guernsey domicile can make a written Will without witnesses at any time, provided that it is entirely in his own handwriting and dated and signed by him at the foot of the document. A soldier of Scottish domicile can dispose by Will of movable property, at any time, when of the age of 14 years or over, but heritable property situated in Scotland cannot be disposed of by Will by a soldier under 21 years of age, unless he is at the time on active service in the field or under orders for active service. Heritable property-includes land and houses and rights in and to the same; movable property includes money, stocks, shares and certificates of money value, jewellery and other personal articles.
11.	When -any of the forms of Will on pages 15 to 20 have been completed by the soldier, it is in his interests to have the Will placed in safe custody, and Officers i/c Records have special facilities for doing this. The soldier should, therefore, on completing either of the Will forms, ask the Officer Commanding the Company, etc., to extract the Will from Army Book 64, and to arrange its despatch to the Officer i/c Records concerned, the counterfoil slip being completed by the Officer who extracts the Will.
	___________________
	Top