Will vs. Living Will: What’s the Difference?
- Marc Lowe
- 2 days ago
- 3 min read
I was meeting with a mother who was worried about an upcoming surgery.
We started to talk about estate planning documents that are important to establish.
When I brought up a will, she said "Yes, I have one, I think... wait, I have a living will".
This is a commonly misunderstood term.
When people hear the words “will” and “living will,” they often think they’re the same thing. In reality, these are two very different documents that play equally important roles in protecting you and your family. Knowing the distinction ensures that both your financial legacy and your health care wishes are honored.
What Is a Will?
A will—formally called a Last Will and Testament—is the document that outlines how your assets, property, and personal items will be distributed after your death. It also allows you to:
Name an executor to manage your estate through probate.
Appoint guardians for minor children.
Provide specific instructions for how you’d like certain assets handled.
A will only takes effect after you pass away. Without one, the state decides who inherits your property through a process known as intestacy. That can lead to delays, unnecessary legal costs, and results that may not align with your wishes.
What Is a Living Will?
A living will, sometimes called an advance health care directive, is about your medical preferences while you are still alive but unable to communicate them. It spells out your wishes regarding:
Life support or life-sustaining treatment (like ventilators or feeding tubes).
Resuscitation preferences (DNR/DNI).
Pain management and comfort care.
Organ and tissue donation.
This document is critical because it relieves your loved ones of the burden of making difficult medical choices in the heat of a crisis. Instead, they—and your doctors—can follow the instructions you’ve already laid out.
Why You Likely Need Both
A will and a living will complement each other. One protects your estate after you’re gone; the other protects your health care wishes during life. Together, they provide peace of mind, reduce family conflict, and ensure your voice is heard at life’s most difficult crossroads.
Connecticut Considerations
In Connecticut, both documents are legally recognized, but they serve different purposes. A will must go through probate court, while a living will is enforced by your medical providers if you become incapacitated. Having both in place is part of a well-rounded financial and estate plan.
Bottom line:
Your will = who gets your assets when you die. CT has a limit of 40k of total probate fees that can be charged to an estate (2026).
Your living will = what kind of care you want (or don’t want) if you can’t speak for yourself.
Putting both documents in place today can save your loved ones confusion, stress, and heartache tomorrow.
Estate Planning is complex. If you are struggling with knowing what documents you need to have your estate in order, seeking out guidance from a trusted professional can put those worries at ease.
About the Author
Marc Lowe, CFP® is a fee-only fiduciary advisor based in Waterford, CT, helping pre-retirees & small business owners make smarter financial decisions.
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