Federal · Title 10 — Armed Forces
10 U.S.C. § 1044d: Military testamentary instruments: requirement for recognition by States
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is exempt from any requirement of form, formality, or recording before probate that is provided for testamentary instruments under the laws of a State; and has the same legal effect as a testamentary instrument prepared and executed in accordance with the laws of the State in which it is presented for probate. is executed in accordance with subsection (c) by (or on behalf of) a person, as a testator, who is eligible for military legal assistance; makes a disposition of property of the testator; and takes effect upon the death of the testator. the instrument is executed by the testator (or, if the testator is unable to execute the instrument personally, the instrument is executed in the presence of, by the direction of, and on behalf of the testator); a military legal assistance counsel; is not an attorney; and is supervised by a military legal assistance counsel; or a State-licensed notary employed by a military department or the Coast Guard who is supervised by a military legal assistance counsel; the instrument is executed in the presence of at least two disinterested witnesses (in addition to the person notarizing the instrument in accordance with paragraph (2)), each of whom attests to witnessing the testator’s execution of the instrument by signing it; and the instrument is executed in accordance with such additional requirements as may be provided in regulations prescribed under this section. That the signature is genuine. That the signatory had the represented status and title at the time of the execution of the will. That the signature was executed in compliance with the procedures required under the regulations prescribed under subsection (f). A certificate, executed by the testator, that includes the testator’s acknowledgment of the testamentary instrument. An affidavit, executed by each witness signing the testamentary instrument, that attests to the circumstances under which the testamentary instrument was executed. A notarization, including a certificate of any administration of an oath required under the regulations, that is signed by the notary or other official administering the oath. Under regulations prescribed under this section, each military testamentary instrument shall contain a statement that sets forth the provisions of subsection (a). Paragraph (1) shall not be construed to make inapplicable the provisions of subsection (a) to a testamentary instrument that does not include a statement described in that paragraph. Regulations for the purposes of this section shall be prescribed jointly by the Secretary of Defense and by the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Department of the Navy. The term “person eligible for military legal assistance” means a person who is eligible for legal assistance under section 1044 of this title . a judge advocate (as defined in section 801(13) of this title ); or a civilian attorney serving as a legal assistance officer under the provisions of section 1044 of this title . The term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, and each possession of the United States.
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