Black's Law Dictionary Definition

Living Will - Wish; desire; pleasure; inclination; choice; the faculty of conscious, and especially of deliberate action. When a person expresses his "will" that a particular disposition be made of his property, his words are words of command, and the word "will" as so used is mandatory, comprehensive, and dispositive in nature.

Will - The legal expression of an individual's wishes about the disposition of his or her property after death; esp., a document by which a person directs his or her estate to be distributed upon death

See also: Estate Planning, Probate, Trusts

Living Wills

A living will is a legal document that is used in the unfortunate time when a person becomes incapacitated or unable to make their own decisions. These are typically used for medical purposes such as terminally ill patients, near end of life, serious injury or coma. Choosing a power of attorney is also an option determined by these living wills. The power of attorney will have the executive power to make the decisions on your behalf. There are many options that can be defined in this will, so speak with David Whipple if you have more questions.


A will is a legal document that is created while a person is still alive. The purpose of the legal document is to have instructions for the use of their private property in case of death due to medical issues or accident. The will is overseen by an attorney to make sure it is put into effect after the death of the individual. Medical care and degree of medical intervention and life sustaining support is typically expressed as the testator's wishes.

Once a will becomes effective, it will go through the probate process. This is to ensure that the document is legal and that everything is followed according to the wishes of the deceased. An attorney like David Whipple can help ensure that the will is created correctly, so you can feel comfortable about the future of your relatives.

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The material provided is intended for informational purposes only. It is not to be considered legal advice and not to be construed as legal representation.