Soldiers' Wills Can Be Complicated

A bitter dispute over an alleged Last Will and Testament of a British Marine killed in Afghanistan made the headlines and brought into sharp focus the unique and complex law surrounding wills for British service men and women.

In December 2008 Cpl Rob Deering was killed after stepping on a Taliban booby trap mine whilst rushing to help his injured colleagues in Helmand Province. He was serving with the Commando Logistic Regiment.

At the time of his death Cpl Deering was in a relationship with his girlfriend, Gemma Polino and had been for four and a half years. Earlier in 2008 (before Cpl Deering returned to Afghanistan in August) they had moved into a £148,000 house in Sheldon, Birmingham. They were due to marry this May.

Upon Cpl Deering's death, Miss Polino attempted to claim the proceeds of his estate on the basis that she was aware that he had executed a will shortly before returning to Afghanistan leaving his estate, including his share of the house and a life assurance policy to cover the mortgage, to her. If such a will existed then it would supersede a will written in 2006 in which Cpl Deering left his...

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