Military Testamentary Instruments Law and Legal Definition
A military testamentary instrument is an instrument that is made with a testamentary intent in accordance with regulations prescribed under10 USCS § 1044d. Such instrument is executed by or on behalf of a person who is eligible for military legal assistance. It is valid only if the instrument is executed by the testator in the presence of a military legal assistance counsel acting as presiding attorney, and in the presence of two witnesses. A military legal instrument is executed to make a disposition of the testator’s property. It takes effect upon the death of the testator.
A military legal instrument is exempt from any form, formality, or recording that is generally provided for testamentary instruments under the laws of a state. However, such instruments have 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.
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