A Privileged Will can be made by a soldier or by an airman or by a mariner, if he has completed the age of 18 years when in actual military service. Such Will may be in writing or oral. A written Will need not be signed by the testator, nor attested in any way.

Not every soldier in the times of war, even though literally on active service, is entitled to make a privileged Will. It is only when he is employed in an expedition or engaged in actual warfare that this privilege can be availed of.

A soldier, in the barracks or an airman on land, cannot execute a privileged Will. In such cases, he must execute his Will according to the rules prescribed for executing unprivileged Wills. This privilege also does not extend to the Will of a seaman who is on leave, or having been discharged from one ship and not posted to another.

Application of the Privileged Wills is stated under Section 65 of Indian Succession Act, 1925, wherein it is not applicable to Hindu, Sikhs, Jains and Buddhists.