Will vs. Living Will: What’s the Difference (and Why You Probably Need Both)
When people begin planning for the future, one of the biggest sources of confusion is the difference between a Will and a Living Will. The names sound similar — but they deal with entirely different moments in life.
Your Will speaks for you after you pass away, guiding how your assets are distributed and who handles your estate.
Your Living Will speaks for you while you’re still alive but unable to communicate, making sure your medical and end-of-life wishes are respected.
Understanding both ensures that your loved ones aren’t left guessing — or forced into painful decisions during already emotional times.
1. What Is a Will?
A Will, formally known as a Last Will and Testament, is the cornerstone of most estate plans. It allows you to:
- Decide who inherits your property and assets
- Name a guardian for your children
- Appoint an executor to carry out your wishes
- Include directions for sentimental items, pets, or charitable gifts
Your Will only becomes effective after your death, and it typically must go through probate court.
Example: When actor Chadwick Boseman passed away without a Will in 2020, his estate went through public probate proceedings that lasted over two years. A simple Will could have ensured privacy and spared his family the delay and stress of a drawn-out process.
2. What Is a Living Will?
Despite the name, a Living Will doesn’t distribute property at all. Instead, it’s part of your Advance Health Care Directive, which outlines your medical treatment preferences if you can’t communicate them yourself.
These decisions can be among the most personal — and the most emotionally charged for families. A Living Will makes them clear in advance.
Here are three key areas your Living Will can cover, with real-world examples that show just how important these choices can be:
A. Life Support Decisions
Your Living Will can state whether you want to be kept on life support if you’re terminally ill or permanently unconscious.
Example: The case of Terri Schiavo, a young Florida woman who fell into a persistent vegetative state in the 1990s, became a national debate. Her husband and parents fought for years over whether she would have wanted to remain on life support. Terri didn’t have a Living Will, and the case dragged through the courts for over a decade — dividing a family and making headlines nationwide.
Having a Living Will removes that burden from your loved ones. Your wishes are known, documented, and legally binding.
B. Pain Management and Organ Donation
You can use your Living Will to share your preferences for pain management, comfort care, and organ donation.
Example: Actress and humanitarian Anne Heche had expressed her desire to be an organ donor long before her untimely death in 2022. Because her wishes were clearly documented, her family was able to honor them quickly — and multiple lives were saved through organ donation.
Some people also use their Living Will to express spiritual or moral values tied to end-of-life care, such as avoiding unnecessary suffering or choosing natural comfort measures only.
C. Feeding Tubes, Hydration, and Resuscitation
Your Living Will can also include directions about feeding tubes, hydration, and resuscitation (CPR) if your heart or breathing stops.
Example: Actress Debbie Reynolds, who passed away just one day after her daughter Carrie Fisher in 2016, reportedly told family members, “I want to be with Carrie.” While not a formal Living Will, that moment showed how important it is to have end-of-life preferences expressed — ideally in writing, so your family isn’t forced to interpret your wishes in moments of crisis.
Documenting your wishes about artificial nutrition or resuscitation can spare loved ones from second-guessing or disagreement. It also helps doctors act swiftly and confidently according to your values.
3. How They Work Together
Both documents play distinct but complementary roles:
| Situation | Document That Applies | Purpose |
|---|---|---|
| After death | Will (Last Will and Testament) | Distributes your property, names guardians, and appoints an executor |
| During life (incapacity) | Living Will / Advance Health Care Directive | States your medical, treatment, and end-of-life preferences |
Having both ensures that your voice is heard in every chapter of life — before and after you pass.
4. Why You Shouldn’t Wait to Create Them
It’s easy to assume that these documents are only for people who are older, wealthy, or in poor health. In reality, anyone over 18 should have both a Will and a Living Will.
Because life is unpredictable.
Because medical decisions can’t always wait.
Because your family deserves clarity and peace of mind.
5. How DeCosimo Law Can Help
At DeCosimo Law, we help California families create complete, customized Life & Legacy Plans that include both a Will and an Advance Health Care Directive.
We’ll walk you through:
- Choosing the right decision-makers
- Clarifying your health care and end-of-life wishes
- Making sure your documents are properly signed, witnessed, and enforceable under California law
Our goal is simple: to help you protect your voice, your values, and your loved ones — with compassion and clarity.
Ready to Take the Next Step?
If you’re ready to put your wishes in writing — or to review your current plan — schedule a 15-minute consultation with Attorney Deanna DeCosimo here.
You’ll gain peace of mind knowing your plan covers both what happens after you’re gone and what happens if you can’t speak for yourself.
Your Will protects your legacy.
Your Living Will protects your voice.
Together, they protect the people you love most.