Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Privileged will definition

What does Privileged will mean? A privileged will is an informal will made by a member of the armed forces in actual military service, or a mariner/seaman at sea, which can be valid despite non-compliance with the usual execution formalities (signature, attestation by two witnesses), and may even be oral (a nuncupative will). In England and Wales this is a statutory concept under section 11 of the Wills Act 1837 (mirrored in Northern Ireland legislation). It covers service personnel (including the Royal Navy, Army, Royal Marines and Royal Air Force) on actual military service and those at sea, and can be made by individuals under 18....

Privileged wills under Wills Act 1837 s 11: service personnel and seafarers: eligibility, form (including oral), revocation and probate proof (England and Wales)

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Practice notes

CORONAVIRUS (COVID-19):

For Wills made on or after 31 January 2020, the formal rule requiring a valid Will to be witnessed by two witnesses covers both physical and virtual presence, enabling remote witnessing via video conference. For the latest guidance on this temporary measure (which applies to 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 concerns WA 1837 in its original, unchanged form.

Statement of the privilege

Section 11 of the Wills Act 1837 (WA 1837) provides that any soldier in actual military service, or any mariner or seaman at sea, may dispose of his personal estate without formalities; in other words, the Will need not be in writing or, if written, need not comply with the usual execution requirements in WA 1837, s 9. This has been extended to real property situated in England or Ireland by the Wills (Soldiers and Sailors) Act 1918 (W(SS)A 1918), allowing testamentary dispositions of real property as well as personalty...

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Web page updated on 27/05/2026

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