Deployment – the latest MOD guidance on wills for the military

As you may be aware, the MOD advises all Armed Forces personnel to draw up a Will with a professional adviser prior to deployment.

The MOD106 Will is available to all military personnel but the advice from the MOD now goes further and states where a 106 simply will not be enough and when any service personnel must seek professional/legal advice in certain circumstances. In fact, even the Form 106 basic will form states in bold at the top of the form “you are advised to seek professional/legal advice before completing this form” We set out below in italics the circumstances below – please note this is taken, word for word, directly from the MOD’s own guidance which is printed on the Form 106 will itself ie:

You need legal advice on making a will –

• Where you share/purchased a property with someone who is not your husband, wife or civil partner;

• Where you wish to make provision for a dependant who is unable to care for themselves;

• Where there are several family members who may make a claim on the estate; for example a 2nd wife; children from a previous marriage; children from a relationship of which your partner/spouse is not aware but you wish to take care of them;

• Where your permanent home is not in the UK or if you have foreign bank accounts or overseas properties;

• Where there is a business involved;

• Where the Executor resides outside the UK;

• Where the beneficiary is on state benefits;

• If money is to be held in trust for children, a solicitor MUST be consulted;

• If your estate is complex or likely to be of high value.

Your will – how we can help you

Remember that if we do a Will for you:

1. we will store it for FREE – so you always know its safe [most banks charge for storing a will].

2. you don’t have to change your address every time you move – just let us know where you are if we need to contact you.

3. we will be someone your family can turn to if the worst happens – we can help them with what needs to be done.

4. its a one-off fee with our usual 10% military discount – no more charges!

5. you only need to change your will if something important happens to you such as getting remarried, setting up a business, etc.

The need to review your will regularly

Our Wills and probate team always advise clients to review their will regularly – especially after any significant event such as marriage or the death of a partner. But don’t just take our word for it. Again, the MoD are crystal clear in their advice – right at the bottom of the 106 it states in particularly large, bold letters “you should review your will on a regular basis, especially when your personal circumstances change”.

Thinking of making a military will – contact our military lawyers now

Here at Bonallack and Bishop, Not only are we military law specialists, but we also have a specialist team of 5 wills and probate lawyers. So if you want legal advice on whether your circumstances mean that the MOD106 cannot legally cover you, or on any other aspect of wills or probate, then please contact Jane Bishop;

  • by calling 07771 961050 (you can also text) and she will ensure that you are properly advised.

Alternatively you can complete the contact form below and ask for a call back

Comments or questions are welcome.

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