A privileged will is a legal document created in situations where it’s impossible to meet the usual legal requirements of an ordinary will. It’s recognized in some countries for military personnel and mariners at sea, but restrictions apply. It can address all factors found in any type of will and assets may be subject to estate taxes.
Privileged wills are last wills and testaments that are made in circumstances where it is impossible to meet the usual legal requirements of an ordinary will. Historically, this type of will has been considered legal when made by anyone currently engaged in military service, or at sea. Countries vary on the exact circumstances that must exist for a privileged will to be considered a legally binding document.
One of the ancient situations in which a privileged will is considered legal is when the individual is actively engaged in a military situation, such as a war. If the individual is serving on a war front or in a care facility located near a battlefield, it is highly unlikely that he or she will have easy access to legal counsel and may not be able to secure will witnesses. Depending on the laws that apply in the country where the person is listed as a citizen, a handwritten will may be considered perfectly legal and be exempt from any other requirements relating to wills currently in effect in that country.
Individuals who are overboard are sometimes able to create a privileged will. This includes people who serve as merchant mariners or who are otherwise employed on ships that spend significant time at sea. Again, these individuals have historically been able to draw up a will without the need for legal counsel, witnesses, or any other requirement normally necessary for a will to be considered legal.
In some countries there are restrictions on the legality of a privileged will, even if the writer is in military service or at sea. For example, some countries require military personnel to be actively engaged in a war effort and therefore have limited access to legal advice. Similarly, mariners who are not currently at sea cannot make a privileged will while ashore, as there is a good chance they will have access to legal counsel and can meet the requirements associated with creating a will with relative ease. While some countries recognize a verbal expression of a last will to constitute a privileged will, others require that the will be presented as a document bearing at least the signature of the individual making the will.
A privileged will can address all of the factors found in any type of will and last will. This includes directing the distribution of real estate, providing for the establishment of trusts, appointing an executor and generally regulating the affairs of the deceased according to the wishes expressed in the text of the document. As with any type of will, the assets that are distributed may be subject to estate taxes, depending on the laws that apply in the jurisdiction where the will is finally approved.
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