Writing a Last Will and Testament

3 minute read Jan. 10, 2024

The information contained on this website is designed to educate and inform service members and their families on their personal legal affairs. Nothing contained in the website is a 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 they do not have children 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.

Importance of the will

If you own property, you’ll want to determine who receives ownership in the event of your death. Your estate may increase in value after mortgage replacement or general appreciation, for instance, but if you don’t have a will, you won’t have a say in how it gets divided.

A will is needed to establish legal guardianship. As a parent, a will allows you to determine the appropriate guardians for your children. Without one, a judge will choose guardians for your children and determine who raises them.

When you can write and update a will

Any person age 18 or older who is of sound mind can write a will. But keep in mind that if you write a will under life-threatening circumstances, it could be challenged. And if you do not write your will personally, but rather a friend or family member writes it for you, your will could be challenged 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, such as rewriting the entire will or using an amendment called a codicil. 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
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

Make the right preparations for your family and estate. Your legal assistance office can help you create a will that suits your desires and needs. If your legal assistance attorney isn’t able to provide the help you need, they can likely help you find a civilian attorney.

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