Living Will vs. Last Will and Testament: The Difference Explained

Last Will and Testament vs. Living Will

When it comes to planning for the future, understanding the difference between a Living Will and a Last Will and Testament is essential. Though both are critical parts of a comprehensive estate plan, they serve entirely different purposes.

At Taormina Law, P.A., we help individuals and families across Florida create customized estate planning documents — including Living Wills, Last Wills and Testaments, Powers of Attorney, and Lady Bird Deeds — so they can protect what matters most and avoid unnecessary probate.

What Is a Living Will in Florida?

A Living Will is a type of advance medical directive that tells doctors and loved ones what kind of medical care you want — or don’t want — if you become incapacitated and can’t communicate for yourself.

In Florida, a Living Will is governed by Chapter 765 of the Florida Statutes, and typically covers situations involving:

• Life-prolonging procedures

• End-of-life care

• Artificial nutrition or hydration

• Do-not-resuscitate (DNR) preferences

It goes into effect only if you are terminally ill, in a persistent vegetative state, or otherwise unable to express your wishes.

🏥 Example:

If you’re in a coma with no chance of recovery, your Living Will can instruct doctors not to use machines to prolong your life.

What Is a Last Will and Testament?

A Last Will and Testament is a legal document that states how your assets and property should be distributed after your death. It also allows you to:

• Name a personal representative (executor)

• Appoint guardians for minor children

• Make charitable gifts

• Detail funeral and burial wishes

Unlike a Living Will, your Last Will and Testament only becomes effective upon your death and is typically subject to the probate process — unless proper planning (such as a Lady Bird Deed or a trust) is in place to avoid it.

🏡 Example:

You can use your Last Will to leave your home, car, and personal belongings to specific people, and name someone to handle your affairs after you pass away.

Key Differences at a Glance

Feature	Living Will	Last Will and Testament
Purpose	Healthcare decisions if incapacitated	Distribution of assets after death
Effective When	While you're alive but unable to communicate	Only after death
Controls	Medical care and end-of-life treatment	Property, guardianship, and estate instructions
Avoids Probate?	Not applicable	No (but other planning tools can help)

Why You Likely Need Both

Both documents serve vital, but separate, purposes. A Living Will gives you a voice in your own medical care. A Last Will and Testament ensures your wishes are honored after death. Together, they form the backbone of a well-rounded estate plan.

We Can Help You Plan Ahead

At Taormina Law, P.A., we prepare a full range of estate planning documents, including:

• Living Wills

• Last Wills and Testaments

• Durable Powers of Attorney

• Lady Bird Deeds

• Health Care Surrogate Designations

• And more

We work closely with you to make sure your documents are legally sound, reflect your personal values, and help you avoid probate where possible.

📞 Contact Us Today

Let us help you protect your future and your family’s peace of mind.

Call Taormina Law, P.A. at 407-818-1659 or visit www.TaorminaLawPA.com to schedule your consultation.