Living Will vs. Last Will and Testament

Not sure about the differences between living will vs. last will? Here's a quick summary.

Start your estate plan today

Trustpilot star rating bar
living will vs last will

Contents

Updated on: January 22, 2025
Read time: 3 min

Although the terms sound similar, living wills and last wills serve entirely different purposes. What follows is a brief overview of the differences between a living will vs. last will, including when you might consider making them and how they both function and are administrated.

What is a last will and testament?

A last will and testament is a legal document that details how a person wants his property to be distributed after his death. You can also name a guardian for your minor children in a will and name the people responsible for managing and distributing your property. Without a will, state law determines who will inherit your assets when you die.

Every state has laws pertaining to the proper execution of a will, which usually include provisions such as the requisite state of mind of the person drafting the will (often described as “of sound mind”) and a certain number of witnesses required at the document's signing.

How does a last will work?

A last will only becomes effective after the death of the person writing the will, who is called a testator. In the will, the testator names an executor of the estate as the person who will administer, or carry out, the will’s provisions.

The executor is responsible for gathering all the estate’s property, keeping accounting records, and paying any taxes or outstanding debts of the estate. After all of that is taken care of, the executor can commence with distributing the decedent’s property to his beneficiaries as provided for in the last will.

A last will can be changed or revoked any time prior to the testator's death.

What is a living will?

A living will is a legal document that details the medical directions a person wants followed in the event she becomes seriously ill or incapacitated and cannot communicate such decisions herself. Living wills often deal with matters such as feeding and breathing tubes as well as the use of life support and life-sustaining medical treatments.

A living will becomes effective when the person who has written it becomes incapable of communicating medical decisions and is in a specific medical condition specified by state law. An individual can also be authorized to communicate with the doctors and other medical personnel regarding what they can and cannot do according to the living will. This is generally accomplished through a healthcare power of attorney, which is often included with a living will.

A living will can also be changed or revoked at any time the person is still capable of doing so.

Main difference between living will and last will

As you can tell from above, the main difference between living wills and last wills is their function. While a last will directs the distribution of assets after a person’s death, a living will gives directions regarding the medical care of someone who is still alive although unable to communicate her wishes herself.

Will vs. living will: Who needs them?

Last wills and living wills should be considered by everyone. Both can provide you and your loved ones the peace of mind that your wishes will be followed—in the case of a last will, after your death, and with a living will, before. Practically, a last will can also make the probate process go more smoothly.

In both instances, creating them when you’re healthy allows you to consider your options carefully without immediate health concerns weighing on you. Moreover, you can also discuss your choices with your loved ones ahead of time so they are not left with difficult choices and without guidance as to your wishes. If you are undergoing surgery or are critically or terminally ill, a living will is essential, and a last will is certainly recommended.

Quite simply, the best time to prepare these documents is now.

Start your estate plan todayStart here
Twitter logoFacebook logoLinkedIn logoReddit logo

This article is for informational purposes. This content is not legal advice, it is the expression of the author and has not been evaluated by LegalZoom for accuracy or changes in the law.

9 days ago
Trustpilot star rating bar

User-Friendly Will & Estate Plan Process

The process to create a personal Will & Estate Plan, including a power of attorney and advanced medical directive was very user friendly and fast. The signing directions and explanatory documentation was also very helpful. The cost was reasonable and the on-line assistance chat feature allowed for quick resolution of a special request.

COH
38 days ago
Trustpilot star rating bar

First pass at Estate Plan, prior to receiving Documents

Preparation of documents for an estate plan was quick and easy. Meeting with the attorney went well. He had reviewed my very straight forward documents and found no problems.

Donald Heft
69 days ago
Trustpilot star rating bar

LegalZoom.com…a company you can trust

It’s just a great company to deal with. I am so glad I chose them to help me with my living will/estate plan!

Joseph Austin
86 days ago
Trustpilot star rating bar

Legal Zoom is very easy estate planning.

This was very easy to do, and Beth was very patient and so helpful with the process. I appreciate the time she took to make sure I had everything covered. It is very reassuring to know I have my final wishes on paper.

Glennis Hogan
99 days ago
Trustpilot star rating bar

legal zoom is the way to go

The representative was very knowledgeable about how long it takes to transfer a deed from one person to the next he explained everything and he was very pleasant when speaking to him

Ross
99 days ago
Trustpilot star rating bar

I spoke to the representative today about a Trust...

I spoke to the representative today regarding a question about an existing Living Trust. She was very helpful - told me exactly what I needed to know and how to accomplish it. As a representative in the Financial field I guide clients all the time on where to get documents done right - and its always LegalZoom - easy and effecient!

Gareth
108 days ago
Trustpilot star rating bar

We could not be more Pleased with the…

We could not be more Pleased with the help and service we had during the up dating of our Living Will and Advanced Directive

Richard Poulton
111 days ago
Trustpilot star rating bar

Legal Assistance for the rest of us

Legal Zoom has made it easy and affordable for us to create an LLC, a Will, and a Trust for our families.

K Chapman
114 days ago
Trustpilot star rating bar

LegalZoom .com has exceptional, real, staff to help. I met one!

I purchased multiple accounts to update both our Living Wills and Estate Plans. After utilizing LegalZoom.com’s user-friendly and intuitive platform for these legal documents, I found it necessary to call for clarification on some information within our account. I spoke with Sandra Balderas, who expertly addressed the mistakes I had inadvertently made. Her professionalism and friendliness greatly enhanced the experience. I realized that LegalZoom is not only a straightforward website to navigate for such complex matters, but it also boasts exceptional employees. Thank you, LegalZoom.com, and especially Sandra Balderas, for guiding me through the process. I’m thrilled to have discovered LegalZoom.com.

Max -Phoenix, Arizona
Rated4.6out of 5 based on24,848+ reviewson

Showing our favorite reviews