Armed Forces Divorce - a MOD 106 Will may not be enough

The Ministry of Defence themselves advise that all serving military personnel are “strongly advised to draw up a will with a solicitor prior to deployment.” [According to MOD publication “A Guide for the Families of Deployed Regular Army Personnel (Dec 2008). AC64404” which you can find at the official Army website – www.army.mod.uk

If you have gone through, or are currently going through an Armed Forces Divorce, you need to be aware that will remains valid after the divorce has been finalised – however any gift contained in the will to your former spouse, will take effect as if they had died on the day your decree absolute was granted. This will often have the effect that any gift to your spouse will fall back into the residue of your estate for division among the other beneficiaries – and given that a gift to a spouse is often the largest gift in any will, this can have a significant impact on who finally receives a large part of your property.

We therefore strongly advise all serving military personnel to consider making a new will as soon as they are divorced – especially as it seems that according to the army itself, a basic 106 will may not provide you with enough protection.

Other reasons why a 106 will may not be sufficient

A proper will, rather than a 106 will, is also particularly important if you find yourself in any of the following circumstances

• you own property or other valuable assets

• you are currently unmarried but living together and would like to make proper financial arrangements provision for your calamity

• you have entered into a civil partnership

• you would like to make proper provision for guardianship of your children

• you are in your second or third marriage and you want to make proper financial arrangements for children from your prior marriages or relationships

For specialist advice about an Armed Forces Will – contact us today

If you’re thinking of making a will, we can help you. Simply contact our specialist armed forces divorce lawyers today:

  • simply call us on on [01722] 422300 or

  • e-mail us using the contact form below

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