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April 20, 2022

In such a busy world it is easy to delay on important matters but if something unexpected happens, you do not want to be left with regret.  Let’s face it, not creating important documents such as a Living Will or a Will in advance is the same as denying yourself a voice and denying your wishes to be carried out both in life and after death.  Yet, aren’t these documents the same? No, they are actually very different!  Let’s take a closer look at how each document functions and how each may be beneficial to you.

What is a Will?

Often the terms “Living Will” and “Last Will and Testament” are used interchangeably but they mean two different things.  A last will and testament is a written declaration instructing the executor (also known as the personal representative) of an individual’s estate (you) on how to distribute your estate after death. A Will can also name guardians for minor children and create a pet trust for our beloved pets. Generally, a Will ensures that your belongings are passed on according to your wishes.

What is a Living Will?

A living will, or advance directive, is a legal document that documents an individual’s wishes regarding their medical care and/or end of life decisions should they become incapacitated and unable to communicate their desires to their doctor and/or family members. It may contain information pertaining to whether or not the individual wants to be placed on life support should certain circumstances arise.  You can add special instructions if you wish (such as withholding blood transfusions or waiting 30 days prior to removing life support).

How They are Linked.

A Living Will and Last will and Testament, although very different, when used together they fulfill a person’s wishes both in life and in death. A living will becomes effective during your life and a Last Will and Testament is used when you are deceased.  The living will is for healthcare decisions and your Will is for your after life decisions regarding distribution of your estate.

The Legacy Law Firm Can Help.

Creating a Living Will and Last Will and Testament is a task no one really wants to think about since it can be a touchy subject. Yet, it is an important task that should not be delayed since it will be your wishes” in your own words “which will be honored and “your voice” upon death which will be heard. You owe it to yourself to have the priceless gift of peace of mind and we are here to help. Call today to schedule a strategy session: (954) 999-9683.