The will of the soldiers at war and of the staff

Wills for military personnel and individuals serving in the armed forces can be received by various individuals: an officer, a military chaplain, or a Red Cross official. The presence of two witnesses and the signature of the testator, the person receiving the document, and the witnesses themselves are required. If one of the signatories is unable to sign, the reason must be specified.

Transmission and Deposit of the Will

Once drafted, the will must be promptly transmitted to headquarters and then to the competent Ministry, which will order its deposit in the notarial archive of the testator's place of residence or domicile. This procedure guarantees the validity and security of the document, in line with the provisions also in force for holographic wills received for delivery or storage.

Persons accompanying the armed forces

In addition to military personnel, a special will can also be made by those accompanying the armed forces. These include Red Cross personnel, authorized war correspondents, and other individuals who work regularly with the military, such as cooks or waiters. The doctrine extends the validity of these provisions even in the event of natural disasters or communications disruptions.

The role of the military chaplain: a constitutional question

A military chaplain, employed by the army, can receive a will only if he or she is a Catholic minister. This rule has raised questions about its constitutionality, as it excludes ministers of other faiths. However, thanks to agreements between the Italian State and some non-Catholic religious communities, it is possible that these figures may be called upon to temporarily perform religious functions for the armed forces.

Conditions for the validity and loss of validity of the will

A special will can only be drawn up by members of mobilized forces or engaged in military operations, or by those in places where communications are interrupted. However, its validity ceases three months after the return to a place where it is possible to draw up a will according to the ordinary forms. Loss of validity can also occur if the testator loses military status or if communications are restored.

The special will for military personnel and accompanying personnel represents a practical and rapid solution in emergency or war situations, but requires compliance with well-defined rules to ensure its validity. For further information on this topic, you can contact the Agenzia delle Successioni, whose professionals will be able to advise you on the best course of action.