Us Code § 1044d - Military testamentary instruments: requirement for recognition by States
Full text of Us Code United States Code § 1044d — Military testamentary instruments: requirement for recognition by States, with citation guidance and answers to common questions.
§ 1044d. Military testamentary instruments: requirement for recognition by States
(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 execution of the instrument is notarized by—
(A) a military legal assistance counsel;
(B) a person who is authorized to act as a notary under section 1044a of this title who—
(i) is not an attorney; and
(ii) is supervised by a military legal assistance counsel; or
(C) a State-licensed notary employed by a military department or the Coast Guard who is supervised by a military legal assistance counsel;
(3) 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
(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; Pub. L. 114–328, div. A, title V, §523(a), Dec. 23, 2016, 130 Stat. 2116.)
Editorial Notes
Amendments
2016—Subsec. (c)(2). Pub. L. 114–328, §523(a)(1), added par. (2) and struck out former par. (2) which read as follows: "the instrument is executed in the presence of a military legal assistance counsel acting as presiding attorney;".
Subsec. (c)(3). Pub. L. 114–328, §523(a)(2), substituted "person notarizing the instrument in accordance with paragraph (2)" for "presiding attorney".
2002—Subsec. (f). Pub. L. 107–296 substituted "of Homeland Security" for "of Transportation".
Statutory Notes and Related Subsidiaries
Effective Date of 2002 Amendment
Amendment 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.
About This Section
10 U.S.C. § 1044d is part of Title 10 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.
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