Active duty military members need a will that names a guardian for minor children, addresses the Survivor Benefit Plan election, and works alongside a power of attorney for deployment. The unpredictable nature of military service makes these documents more urgent, not less, than for the general population.
Why a Will Matters More During Active Duty
A will spells out how your assets should be distributed and who should care for your dependents if you die. For service members, deployments, remote assignments, and inherently dangerous training all raise the odds that these instructions matter sooner than expected. A current will and a companion power of attorney let your family and command keep functioning if something happens to you.
What to Always Include
- A named legal guardian for minor children, plus a backup guardian.
- Your Survivor Benefit Plan (SBP) decision. Per Military OneSource, SBP provides a continuous, inflation-adjusted monthly annuity, up to 55 percent of retired pay, to your named survivors after you die, and elections generally cannot be changed after retirement except in specific situations like a change in marital status. Make sure your will and beneficiary paperwork reflect the same intent.
- Current beneficiary designations on life insurance, Thrift Savings Plan accounts, and bank accounts. These designations control regardless of what your will says, so review them whenever your will changes.
- Instructions for military-specific assets, including survivor benefits and any deployment-related entitlements.
Using a Power of Attorney Alongside Your Will
A will only takes effect after death. A power of attorney (POA) lets someone act on your behalf while you are alive but unavailable, which matters enormously during deployment. You can revoke a POA once you return.
Financial Power of Attorney
Authorizes a trusted person, often a spouse, to pay bills, manage bank accounts, and handle financial decisions while you are deployed.
Legal Power of Attorney
Lets your designated agent sign documents and handle certain legal matters on your behalf so things do not stall while you are unreachable.
Medical Power of Attorney
Authorizes someone to make medical decisions for you if you become incapacitated and cannot communicate, which is especially important given the physical risks of military service.
A Worked Example
Consider a service member with a spouse and two young children preparing for a six-month deployment. Before leaving, they update their will to reflect a newly built home, confirm their SBP election covers their spouse and children, and sign a financial and medical power of attorney naming their spouse as agent. If the unexpected happens during deployment, the family has clear, enforceable instructions instead of a scramble through legal aid and probate court while grieving.
Legal Residence and Taxes Across State Lines
Military life often means living in one state while claiming legal residence in another under the Servicemembers Civil Relief Act. That distinction matters for your will, since state-specific execution rules, and any state estate or inheritance tax, generally follow your state of legal residence rather than wherever you happen to be stationed. If you have moved duty stations since your will was last reviewed, confirm which state's law actually governs your estate plan rather than assuming it is wherever you currently live.
Common Mistakes to Avoid
- Letting beneficiary designations on TSP, SGLI, or bank accounts fall out of sync with your will after a divorce or remarriage.
- Deploying without a financial or medical power of attorney in place.
- Assuming your unit or command will sort out family matters if something happens; that is not their role.
- Forgetting to name a backup guardian in case your first choice cannot serve.
If You Want In-Person Help Too
Service members and their families can also use their installation's legal assistance office, which the Military OneSource legal assistance page confirms provides estate planning support, including wills and powers of attorney, at no cost to eligible personnel. Using an online platform and your legal assistance office are not mutually exclusive.
How FastWill Handles This
FastWill's online will builder lets you draft or update a will quickly before a deployment or PCS move, and you can revisit it any time your situation changes. If you are moving to a new duty station, our guide on updating your will, trust, and power of attorney when moving to a new state covers what else to check, and our broader estate planning tips for military families go beyond the will itself.
Frequently Asked Questions
Do I need a will if I already have SGLI and SBP?
Yes. Life insurance and SBP have their own named beneficiaries and pass outside of probate, but a will still covers everything else you own and is where you name a guardian for minor children.
What happens to my SBP election if I do not act?
Full basic SBP coverage for a spouse and children is generally automatic if no other valid election is made at retirement, but you should confirm this directly with your branch's personnel office rather than assume.
Can I write my own will before a deployment without a military attorney?
Yes, many service members use an online platform or their installation's legal assistance office, which does not charge a fee. Either way, make sure the document meets your state of legal residence's specific requirements.
Should my power of attorney be limited or general?
It depends on your needs. A limited POA covers specific tasks, like managing one bank account; a general or durable POA covers a broader range of financial and legal decisions. Discuss the scope with your agent before you deploy.
What happens if I get married or divorced during service?
Update your will, SBP election, and all beneficiary designations promptly. Marital status changes are one of the few situations that can also reopen your SBP election window.
