Today’s commercial mariners must maintain a variety of documents to keep their jobs. These include Merchant Mariner Credentials, Standards of Training, Certification and Watchkeeping certifications, Transportation Worker Identification Credential, licenses, and endorsements. But there’s another document that’s probably just as important, although most of us prefer not to think about it. Here’s an example of one used by a famous sea captain many years ago:
It reads (paraphrased): “I, Capt. John Smith, being sick in body but of perfect mind and memory, thanks be given unto Almighty God therefore, make and ordain this my last will and testament, June 21, 1631…” You read that correctly. This was written in the 17th century by Capt. John Smith. Yes, even legendary sea captains had wills.
For readers who don’t have one, don’t panic. It isn’t the end of the world. Famous figures such as Abraham Lincoln, Howard Hughes, Jimi Hendrix, and Pablo Picasso died without wills. However, having one can make things significantly easier for loved ones. Without it, most states follow a legal order: assets typically go to a surviving spouse, then to children, then parents, then siblings, and so on.
There are several myths on this subject. For instance, it’s sometimes believed that in dire settings, such as a sinking ship or a battlefield, holographic wills — handwritten with no witnesses — are universally acceptable. In reality, not all states accept them, and such documents can raise legal concerns and a high level of scrutiny. Imagine a deckhand’s “will” leaving half his belongings to a chief engineer who was present in his final moments — especially if he had a family back home. That would certainly arouse a court’s suspicion.
Formal requirements of a valid will can vary by state. In most cases, the person making the will (called the testator) usually needs to be 18 or older. Many states require two witnesses who are disinterested (meaning they don’t stand to inherit from the will). Wills don’t have to be complicated. While estate planning can involve trusts and tax strategies, a simple, one-page will is far better than having nothing at all.
