Validity of Wills—privileged Wills


Published by a ÑÇÖÞÉ«ÇéÍø Private Client expert
Practice notes

Validity of Wills—privileged Wills


Published by a ÑÇÖÞÉ«ÇéÍø Private Client expert

Practice notes
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CORONAVIRUS (COVID-19): For Wills made on or after 31 January 2020, the formal requirement for a valid Will to be witnessed in the presence of two witnesses includes both physical and virtual presence, to allow Wills to be validly witnessed remotely by way of video conference. For the latest guidance on this temporary change (which takes effect for Wills made up to and including 31 January 2024), see Practice Note: Coronavirus (COVID-19)—remote witnessing of Wills [ARCHIVED]. Note that the guidance below relates to WA 1837 in its unchanged form.

Statement of the privilege

Section 11 of Wills Act 1837 (WA 1837) provides 'that any soldier being in actual military service, or any mariner or seaman being at sea, may dispose of his personal estate' without any formalities (that is, the Will does not have to be in writing or, if the Will is in writing, it does not have to comply with the usual formalities under WA 1837, s 9) as to execution.

The provision has been extended to real property situated in England or Ireland by Wills (Soldiers and Sailors) Act 1918 (W(SS)A 1918), which

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Jurisdiction(s):
United Kingdom
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Key definition:
Privileged will definition
What does Privileged will mean?

Men or women serving in the Royal Navy, the Army, the Royal Marines or the Royal Air Force, and sailors at sea, may make valid wills without complying with the formalities laid down in ordinary circumstances.

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