Living wills and last wills are two estate planning documents that allow people to make important end-of-life decisions. While these documents share similar names, they are entirely different arrangements that address distinct situations. Use this guide to learn about the differences between living and last wills and why you likely need both.

Living

A living will only deals with end-of-life medical care. A person uses this document to state what care, medications, therapeutics, and life-sustaining measures they want to receive if they can’t make these decisions due to illness or injury.

Also called an advanced health care directive, a living will can include preferences for treatments like feeding and breathing tubes, hydration, artificial resuscitation, and pain management. When creating this document, a person appoints a healthcare attorney-in-fact to represent their interests. Your attorney-in-fact will be authorized to act on your behalf, and they’ll follow the directions as defined in the living will.

Last

A last will is the traditional centerpiece of the estate planning process. In this document, you determine what happens to assets after your passing. You’ll also designate beneficiaries to receive the money and possessions that comprise the estate.

The will also appoints an executor, a trusted individual who oversees the distribution of assets, resolves the estate's debts, and files a case with the local probate courts. People typically include the names of the designated guardians of their children; some people will do this for beloved pets as well.

If you die without a will, you leave what is called an intestate estate. The probate courts will decide what happens to your assets based on the state's next-of-kin succession laws. A last will ensures your wishes are honored, minimizes disputes among heirs, and offers the opportunity to design the legacy you ultimately leave.

Both a living and last will should be drawn up as part of a comprehensive estate plan. Trailhead Estate Planning will help you draft these documents with ease. Located in Signal Mountain, TN, the firm is managed by attorney Peter Harrison, who assists clients in estate planning, probate, and elder law issues. From living and last wills to trusts and powers of attorney, their services will support your plans and protect your interests. Call (423) 228-7029 to schedule a consultation, or visit the website to learn more about your options.