Living Will Vs Last Will And Testament
While a living will and last will and testament undoubtedly sound similar, the truth is these are two different documents with clear-cut purposes. Let’s take a look at these two options and how they differ from one another.
What Is A Living Will?
Similar to a last will and testament, a living will is a legal document to describe your final wishes. Instead of asset distribution, it focuses on medical decisions. The document controls what will happen if you are ever unable to make decisions while being permanently unconscious or terminally ill. It tells your loved ones what to do when you are unable.
A living will is much broader than a document that tells when to let go of a loved one. You can use it to plan for pain management, medical treatment, and comfort care. It should let your loved ones know the care you want in addition to what you do not want.
A living will names the person, your Representative, who will communicate your wishes. They will work with your medical team to make sure they carry out what you want. If you are unable to make decisions for yourself, this puts someone in place to do so on your behalf.
What Is A Last Will And Testament?
A last will and testament is an important legal document, detailing your instructions for the distribution of your property after death. In this document, you will name someone to manage the distribution, often referred to as the executor. Beneficiaries of your estate will also be named in this document.
During the probate process, the court will review the will to make sure it is valid. At this time, any challenges to the will are heard. A probate court will always honor the last will and testament terms unless the instructions either violate the law or cannot be fulfilled.
If you have minor children, you can also use this document to designate who you wish to serve as their legal guardian. Typically, the courts will honor the individual’s choice. However, the courts will not appoint your chosen legal guardian if it is not in the child’s best interest.
When someone dies without a valid will in place, this is referred to as intestacy. In the event a last will and testament was not created, your specific state’s intestacy laws ultimately determine how your property is to be distributed. These laws will give preference to any children of the deceased, followed by close relatives.
Living Will Vs Last Will And Testament Differences
It’s quite easy to remember the difference between the two documents by simply thinking of the words “living” and “last.” A living will takes effect while an individual is still alive, giving health care providers instructions on how to treat you while still living.
Meanwhile, a last will and testament will detail your final wishes for both your property and minor children. The wishes will not go into effect until an individual passes away. You will be able to change or revoke said wishes as long as you are still living. The final last will and testament will be one of the very last legal documents to become effective after your death.
Where Should You Keep Living Will Or Last Will And Testament?
You should only give a copy of your living will to your primary doctor, who may provide a copy to other physicians who perform your medical procedures, if necessary. You could also give a copy to the person designated as your attorney-in-fact, if you have a durable power of attorney for health care. Of course, also giving copies to trusted family members is quite common.
It’s wise to keep your last will and testament in a safe location. Many law firms will keep the original document on file for you. Local courts may also keep wills on file. Unlike a living will, a last will and testament is legally binding in a majority of states, and it must be signed properly by you and your witnesses. Typically, copies of this document are not enforceable.
Source:
- Living Will Vs Last Will And Testament Retrieved on June 18, 2025 from https://www.findlaw.com/forms/resources/living-will/living-will-vs-last-will-and-testament.html
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