Privileged Wills

Question 1

What is a privileged will?

Answer 1

s11 Wills Act 1837 grants soldiers and mariners the right to make oral or informal wills without requiring the normal formalities under s9.

Question 2

Which other statute deals with privileged wills?

Answer 2

Wills (Soldiers and Sailors) Act 1918

Question 3

Who can make a privileged will?

Answer 3

Soldiers incl RAF in actual military service

Mariners or seaman at sea

Members of naval or marine forces in actual military service

Question 4

Two cases where a testamentary intention was and wasn’t accepted

Answer 4

Re Stable 1919 - accepted

In the Estate of Knibbs 1962 - not accepted - imparted information

Question 5

Can the privilege extend to non-combatants?

Name case

Answer 5

In the estate of Stanley 1919 - nurse

In the goods of Hale 1915 - typist with merchant navy

Question 6

Main case which defines ‘actual military service’

Answer 6

Re Wingham 1949

‘active military service directly concerned with operations of war which is or has been in progress or is imminent’

As soon as receives orders until war finishes.

Do not have to be in war zone

Question 7

Two further cases of privilege

Answer 7

In the estate of Spark 1941

Re Jones 1981