
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC1044d]

 
                         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
        
    (a) Testamentary Instruments To Be Given Legal Effect.--A military 
testamentary instrument--
        (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) Military Testamentary Instruments.--For purposes of this 
section, a military testamentary instrument is an instrument that is 
prepared with testamentary intent in accordance with regulations 
prescribed under this section and that--
        (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) Requirements for Execution of Military Testamentary 
Instruments.--An instrument is valid as a military testamentary 
instrument only if--
        (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) Self-Proving Military Testamentary Instruments.--(1) If the 
document setting forth a military testamentary instrument meets the 
requirements of paragraph (2), then the signature of a person on the 
document as the testator, an attesting witness, a notary, or the 
presiding attorney, together with a written representation of the 
person's status as such and the person's military grade (if any) or 
other title, is prima facie evidence of the following:
        (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) Statement To Be Included.--(1) Under regulations prescribed 
under this section, each military testamentary instrument shall contain 
a statement that sets forth the provisions of subsection (a).
    (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) Regulations.--Regulations for the purposes of this section shall 
be prescribed jointly by the Secretary of Defense and by the Secretary 
of Transportation with respect to the Coast Guard when it is not 
operating as a service in the Department of the Navy.
    (g) Definitions.--In this section:
        (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, Sec. 1 [[div. A], title V, Sec. 551(a)], Oct. 
30, 2000, 114 Stat. 1654, 1654A-123.)
