Members of the armed forces benefit from special rules when making Wills. A 'privileged Will' can be made by anyone on active military service, and it doesn't need to comply with the usual formalities.
A privileged Will can be made orally (a 'nuncupative Will'), doesn't need to be witnessed, and can be made by anyone aged 14 or over (the normal minimum age is 18). These provisions date back centuries and reflect the unique circumstances of military service.
However, while privileged Wills are legally valid, they have limitations. They can be difficult to prove, may not cover complex estate planning needs, and can be easily challenged.
In 2026, we strongly recommend that military personnel — both serving and veterans — make a formal, properly witnessed Will. This ensures clarity, reduces the risk of disputes, and allows for proper tax planning.
Military pensions and death-in-service benefits have specific rules that need to be considered alongside your Will. The Armed Forces Pension Scheme provides various benefits to dependants, but nominations must be kept up to date.
Veterans should also be aware that certain military compensation payments may be exempt from IHT, but only if properly structured within the estate plan.
At Castle Family Legal, we have experience working with military families and understand the unique considerations involved. Contact us for a free consultation.
