Differences between Will and Living Will
Will vs. Living Will
A last will and testament and a living will are distinct legal documents that serve different purposes. A will, or last will and testament, is a document that outlines a person's wishes for the distribution of their property and the care of any minor children after their death.[1][2][3] A living will, also known as an advance directive, specifies a person's desires regarding medical treatment in situations where they are unable to communicate their decisions themselves.[4][5]
A primary distinction between the two is when they become effective. A last will and testament takes effect only after the individual's death, often after it has been validated through a court process called probate. Conversely, a living will is in effect during a person's lifetime and is activated when a physician determines the person is incapacitated and unable to make or communicate their own healthcare decisions. The instructions in a living will terminate upon the person's death.[4]
The content of each document is also fundamentally different. A will directs the disposition of assets like bank accounts, property, and personal possessions. It can also name an executor to manage the estate and appoint guardians for dependents.[3] A living will addresses medical procedures, such as the use of life-sustaining treatments like mechanical ventilation, tube feeding, and resuscitation.
State laws govern the specific requirements for creating a valid will and a living will, which typically include being of legal age and of sound mind. Both documents generally must be in writing and signed in the presence of witnesses.
Comparison Table
| Category | Will | Living Will |
|---|---|---|
| Primary Purpose | To direct the distribution of property and assets after death. | To state wishes for medical treatment if incapacitated. |
| Effective Upon | Death of the individual, following probate proceedings. | Incapacitation, as certified by a physician. |
| Governs | Distribution of financial and physical assets, guardianship of minors.[3] | End-of-life medical care and life-sustaining procedures. |
| Duration | Remains in effect until the estate is settled. | Terminates upon death.[4] |
| Key Figure | An executor is named to carry out the will's instructions. | A healthcare proxy may be appointed to make medical decisions. |
| Common Content | Bequests of property, designation of beneficiaries, appointment of guardians.[3] | Instructions on resuscitation (CPR), mechanical ventilation, and tube feeding. |
See also
- Advance directive
- Estate planning
- Last will and testament
- Power of attorney
References
- ↑ "wikipedia.org". Retrieved January 09, 2026.
- ↑ "martinwrenlaw.com". Retrieved January 09, 2026.
- ↑ 3.0 3.1 3.2 3.3 "kewlaw.co.uk". Retrieved January 09, 2026.
- ↑ 4.0 4.1 4.2 "investopedia.com". Retrieved January 09, 2026.
- ↑ "mayoclinic.org". Retrieved January 09, 2026.
