2013 US Code
Title 10 - Armed Forces
Subtitle A - General Military Law (§§ 101 - 2925)
Part II - PERSONNEL (§§ 501 - 1805)
Chapter 53 - MISCELLANEOUS RIGHTS AND BENEFITS (§§ 1030 - 1060b)
Section 1044d - Military testamentary instruments: requirement for recognition by States
Publication Title | United States Code, 2012 Edition, Supplement 1, Title 10 - ARMED FORCES |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 10 - ARMED FORCES Subtitle A - General Military Law PART II - PERSONNEL CHAPTER 53 - MISCELLANEOUS RIGHTS AND BENEFITS Sec. 1044d - Military testamentary instruments: requirement for recognition by States |
Contains | section 1044d |
Date | 2013 |
Laws in Effect as of Date | January 16, 2014 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Pub. L. 106-398, §1 [[div. A], title V, §551(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A-123; amended Pub. L. 107-296, title XVII, §1704(b)(1), Nov. 25, 2002, 116 Stat. 2314. |
Statutes at Large References | 114 Stat. 1654 116 Stat. 2314 |
Public Law References | Public Law 106-398, Public Law 107-296 |
Download PDF
(a)
(1) 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
(2) 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.
(b)
(1) is executed in accordance with subsection (c) by (or on behalf of) a person, as a testator, who is eligible for military legal assistance;
(2) makes a disposition of property of the testator; and
(3) takes effect upon the death of the testator.
(c)
(1) 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);
(2) the instrument is executed in the presence of a military legal assistance counsel acting as presiding attorney;
(3) the instrument is executed in the presence of at least two disinterested witnesses (in addition to the presiding attorney), each of whom attests to witnessing the testator's execution of the instrument by signing it; and
(4) the instrument is executed in accordance with such additional requirements as may be provided in regulations prescribed under this section.
(d)
(A) That the signature is genuine.
(B) That the signatory had the represented status and title at the time of the execution of the will.
(C) That the signature was executed in compliance with the procedures required under the regulations prescribed under subsection (f).
(2) A document setting forth a military testamentary instrument meets the requirements of this paragraph if it includes (or has attached to it), in a form and content required under the regulations prescribed under subsection (f), each of the following:
(A) A certificate, executed by the testator, that includes the testator's acknowledgment of the testamentary instrument.
(B) An affidavit, executed by each witness signing the testamentary instrument, that attests to the circumstances under which the testamentary instrument was executed.
(C) 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.
(e)
(2) 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.
(f)
(g)
(1) The term "person eligible for military legal assistance" means a person who is eligible for legal assistance under section 1044 of this title.
(2) The term "military legal assistance counsel" means—
(A) a judge advocate (as defined in section 801(13) of this title); or
(B) a civilian attorney serving as a legal assistance officer under the provisions of section 1044 of this title.
(3) 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.
(Added Pub. L. 106–398, §1 [[div. A], title V, §551(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–123; amended Pub. L. 107–296, title XVII, §1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.)
AMENDMENTS2002—Subsec. (f). Pub. L. 107–296 substituted "of Homeland Security" for "of Transportation".
EFFECTIVE DATE OF 2002 AMENDMENTAmendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of this title.
Disclaimer: These codes may not be the most recent version. The United States Government Printing Office may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the US site. Please check official sources.