The simple definition of Will everyone has in mind is that it’s a legal document that helps distribute the decedent’s assets per the wishes. The owner of the assets can nominate anyone within the family, friends, or any organization to inherit all estate of a specific part. 

Confusion arises when terms like “Living Will” are introduced into the conversation, which is also a Will but different from the traditional one. The Living Will is solely for healthcare purposes, it outlines what medical facilities you want in case you’re unable to make a decision. 

Below we’ll explain, what’s the difference between a Will and a Living Will in more detail to provide clarity and answer which type of Will is the best for you. So let’s find the answers to all your questions. 

What’s A Will? An Overview 

The legal definition of the Will is a legal document that describes what will happen to the property, who’ll inherit the estate, and what are the conditions. The person who owns the assets can nominate anyone as the beneficiary and they’ll inherit the estate.

It’s also important to understand that a general Will only works when the estate owner dies. Beneficiaries won’t receive anything until the real owner is alive. Once the owner dies, the executioner of the estate files a case in the probate court to begin the distribution process. 

A judge oversees the distribution process of assets and the executioner does the rest of the work such as evaluating assets, settling debts, negotiating with beneficiaries, and so forth. Once all these steps are completed, the assets are transferred to the designated beneficiaries 

What’s A Living Will? An Overview 

The Living Will is a different type of Will than the traditional one. This type of Will isn’t created to pass the assets to the family but to help the family and doctors take care of the healthcare decisions related to you (only if you’re incapacitated). 

With a Living Will, you have the opportunity to outline your preferences regarding medical treatment and care. This includes specifying the types of treatment you desire, the facilities you prefer for care, and even whether you wish to donate organs to help others.

A living Will also allows you to address concerns about medication usage during incapacitation. For example, you can decide that you want to use painkillers to ensure comfort, even if there are potential side effects.

Key Differences Between Will & Living Will 

Here are the key differences between a Will and a Living Will. You can read about these distinctions to select which type of Will you need most.

• Purpose of Will: The main difference between a Living Will and a traditional Will is that they are created for different purposes. A Living Will dictates your healthcare preferences in case of incapacitation, while a Last Testament Will nominates beneficiaries for your assets.
• Timing of Effectiveness: A traditional Will does not take effect during the lifetime of the owner of the assets. It can be revoked at any time, and a new Will can be created to nominate different beneficiaries. In contrast, a Living Will can become effective if you are unable to make decisions regarding healthcare.
• Content of the Will: Another difference lies in the content of both types of Wills, which are opposite from each other. A traditional Will typically focuses on assets such as real estate and business, whereas a Living Will serves as a guideline for doctors, outlining your preferences for medical treatment and end-of-life care.
• Consultation Process: Both creating a Will and a Living Will involve legal experts. However, for a Living Will, it’s important to consult doctors as well. They can provide insights into the types of treatments you might need in specific situations, allowing you to make informed decisions regarding your health preferences.

Health Care Proxy Vs. Living Will 

Often people think that Healthcare Proxy and Living Will are similar and have no major differences which is wrong. Health Care Proxy means nominating someone as an agent or proxy so they can make decisions for the healthcare facilities on your behalf. 

In contrast, a Living Will is a legal document of guidelines regarding what facilities a person wants in case of incapacitation. The guidelines outlined in the Living Will are considered directives to be followed by healthcare providers and family members.

Which Type of Will Is The Best Option? Living Will Vs. Will 

Both types of Will are the best option, and ideally, a person should have both. If you’re in or have been informed about the seriousness of your health condition, it’s crucial to create a traditional Will and a Living Will to prevent potential future complications.

A Last Will and Testament will facilitate the transfer of assets to the individuals you want in the event of your death. While, a Living Will is helpful in situations where you may become hospitalized, unconscious, and unable to make decisions about your healthcare.

Final Words

We’ve explained the differences between a Will and a Living Will above. They’re two different types of Wills and are created for different purposes. One is to nominate the beneficiaries for the estate and the other is to guide doctors and family about the healthcare facilities you desire. 

You can create both types of Will online with the help of Will makers tools. However, it’s important to consult with an experienced Last Will and Testament lawyer or Living Will layers. They’ll guide you properly about how you can create comprehensive legal documents.