Examples of living will vs last will: key examples explained

The easiest way to understand the difference is to walk through situations you can actually imagine happening.

Picture this: Maria, age 42, is in a serious car accident. She’s unconscious and can’t communicate. Doctors want to know whether to use a feeding tube or ventilator long term. Her family is arguing—her parents want “everything possible,” but her partner remembers Maria saying she never wanted to be kept alive by machines with no real hope of recovery.

This is living will territory. A living will speaks during your lifetime, when you’re alive but unable to express your wishes about medical care.

Now imagine a different scene. James, age 67, dies unexpectedly. He owns a house, has some savings, and two adult kids from a first marriage. His partner of 15 years lives with him but they never married. Who gets the house? Who gets the savings? Does his partner have to move out?

This is last will territory. A last will (often called a last will and testament) speaks after you die, deciding who gets what, and sometimes who raises your kids.

Those two stories already show the core difference. But let’s get much more specific with examples of living will vs last will: key examples explained from different angles—health, money, kids, pets, and even digital life.

Medical treatment examples of living will vs last will: key examples explained

If a situation involves doctors, hospitals, or end-of-life care while you’re still alive, you’re almost always looking at a living will question, not a last will question.

Take this scenario:

Emma is 60 and has just been diagnosed with an aggressive cancer. She’s starting treatment and wants to make sure that if things go badly, her wishes are clear.

In her living will, Emma might write:

• She does not want to be kept alive on a ventilator if doctors believe there is no reasonable chance of recovery.
• She does want pain medication, even if it might shorten her life.
• She does not want artificial nutrition and hydration if she is permanently unconscious.
• She wants hospice care at home if possible.

Her last will, by contrast, would say things like:

• Her brother gets her car.
• Her niece gets her jewelry.
• Her favorite charity receives 10% of her remaining money.

Notice how the examples include totally different topics. The living will is all about how she is treated medically. The last will is about who gets her property.

Another medical example of a living will in action:

• A 35‑year‑old software engineer has a severe stroke and can’t speak or make decisions.
• Her living will says she wants all possible life-saving treatment for at least 30 days, to see if there’s improvement, but if doctors agree that she will never regain consciousness, she does not want long-term life support.

Her last will would not say a word about ventilators or feeding tubes. That document would only matter after she dies, for things like her condo, her retirement accounts, and her student loan debt planning.

If you want more background on end-of-life medical choices, the National Institute on Aging (U.S. government) has a plain-English guide to advance care planning that lines up very well with how living wills work.

Family and kids: examples of living will vs last will when children are involved

When minor children are in the picture, last wills suddenly become very powerful.

Imagine a couple with two kids under 10. They both die in a plane crash. The big legal question isn’t just who gets the house—it’s who raises the children.

In their last will, they can:

• Name a guardian for the children (for example, a trusted sister who lives nearby).
• Name an alternate guardian in case the first person can’t do it.
• Set up a simple trust so the kids don’t receive a large inheritance at age 18 all at once.

These are some of the best examples of why parents with young kids should not skip a last will. A living will cannot do any of this. A living will doesn’t decide guardians, doesn’t create trusts, doesn’t control money for college.

Where might a living will show up in a family setting?

• A single parent with a chronic illness writes a living will stating that if they are in a permanent vegetative state, they want comfort care only, not aggressive life support.
• That same parent uses a last will to say: “My sister becomes guardian of my child, and my life insurance money is to be used for my child’s support and education.”

Again, the examples of living will vs last will: key examples explained here show a clean divide: the living will deals with your body and medical care; the last will deals with your kids, your money, and your stuff.

For more on guardianship and why it’s handled in a last will, the American Bar Association’s public resources at americanbar.org give a helpful overview.

Money, property, and debt: examples include houses, accounts, and more

If the question is, “Who gets my house, my savings, or my personal items after I die?” you’re firmly in last will territory.

Consider these real examples of how a last will works:

• A widowed retiree owns a small home, a checking account, and some retirement savings. In her last will, she leaves:

  • Her home to her son, on the condition that he allows her sister to live there for one year after her death.
  • Her savings divided equally among her three grandchildren.
  • Her antique piano to a close friend who actually plays it.

• A young couple in their 30s rents an apartment but has life insurance and retirement accounts. Their last wills state that:

  • All assets go to the surviving spouse.
  • If both die, the money is held in trust for their children, managed by a trusted cousin.

None of this can be done in a living will. A living will doesn’t say a word about who inherits. It doesn’t address debts, real estate, or bank accounts. It only talks about medical decisions while you’re alive.

To see how medical and financial issues are separated in law, you can look at the U.S. government’s general explanation of advance directives at MedlinePlus (NIH), which distinguishes health documents from financial and property planning.

End-of-life care vs after-death planning: examples of timing differences

One of the best ways to keep these documents straight is to focus on when each one works.

Here are examples of living will vs last will: key examples explained by timing:

• A living will only has power while you are alive but unable to communicate. The moment you die, your living will is done. It has nothing to say about your estate.
• A last will only has power after you die. It does absolutely nothing while you are alive.

Practical example:

• Noah, 55, has a stroke and is unable to speak. His living will says he wants all reasonable treatment for 14 days, but if there’s no improvement and his doctors agree there is no meaningful chance of recovery, he wants comfort care only.
• During those 14 days, his living will guides doctors and his health care proxy. His last will is just sitting in a drawer somewhere. It has no role yet.
• When Noah dies, the living will’s job is over. Now his last will steps in to:
  • Name an executor.
  • Direct that his house be sold and the proceeds split between his two children.
  • Leave a donation to a local food bank.

Same person, same overall life plan, but two different documents taking turns at different stages.

Modern 2024–2025 twists: digital life, pandemics, and medical trends

Estate planning in 2024–2025 looks a bit different than it did a decade ago. The examples include situations that didn’t really exist before.

Digital assets and online life (last will territory)

Think about:

• Cryptocurrency wallets
• Online businesses or monetized social media accounts
• Cloud storage full of family photos
• Domain names or blogs

These are assets. They belong in your last will, where you can:

• Name who inherits your crypto or online business.
• Name a “digital executor” (if your state recognizes it) or give your executor authority to manage your online accounts.

A living will doesn’t touch your digital life at all. It doesn’t say who gets your Bitcoin or your YouTube revenue.

Medical technology and treatment options (living will territory)

On the health side, medical technology keeps moving—ventilators, ECMO machines, advanced cancer treatments, and palliative care options are more common and more complex. That means a living will is more important than ever to:

• Clarify how aggressive you want doctors to be.
• State your preferences on resuscitation, life support, or experimental treatments.

The COVID-19 pandemic also pushed more people to complete living wills and other advance directives. Many hospitals and health systems now encourage patients to have something in place before major surgery or treatment. Organizations like Mayo Clinic offer updated guidance on what to consider when writing a living will.

Again, the examples of living will vs last will: key examples explained here show that new technology mostly affects the living will side (how you’re treated), while new types of property and online income affect the last will side (who gets what).

Special examples: pets, charities, and blended families

Some of the most eye-opening examples of the difference between these documents come from everyday but emotional topics.

Pets

• A living will does nothing for your pets. It doesn’t say who takes your dog if you die.
• A last will can:
  • Name who will adopt your pets.
  • Leave money to that person to help cover food and vet bills.

If you’re a pet person, this is one of the best examples of why a last will matters even if you don’t feel “rich.”

Charitable gifts

• A living will doesn’t donate your money or your body.
• A last will can:
  • Leave a percentage of your estate to a charity.
  • Direct that a specific amount go to a cause you care about.

Sometimes people also sign separate documents for organ and tissue donation. In many places, that’s handled through a driver’s license designation or a separate donor registry, not a living will or last will, though you can still express your wishes in your living will.

Blended families

Blended families are one of the most common real examples where a last will is absolutely critical.

Imagine:

• Alex has two kids from a first marriage and has remarried. He owns a home with his new spouse.
• In his last will, he might:
  • Leave the right for his spouse to live in the house for life.
  • Direct that when the spouse dies or moves out, the house is sold and the proceeds are split between his two kids.

A living will can’t balance those family interests. It only covers Alex’s medical wishes if he can’t speak for himself.

Putting it together: side‑by‑side examples of living will vs last will

Here’s a quick way to remember the divide using examples of living will vs last will: key examples explained in plain language:

• If the question is “What do I want doctors to do with my body while I’m alive but can’t speak?” you’re thinking living will.

  • Example: “If I’m in a permanent coma, I do not want to be kept alive with machines.”
  • Example: “I want maximum pain relief, even if it shortens my life.”

• If the question is “Who gets my stuff, who raises my kids, and who handles my estate after I die?” you’re thinking last will.

  • Example: “My sister becomes guardian of my children.”
  • Example: “My partner gets the house; my siblings split my savings.”
  • Example: “My best friend receives my guitar collection.”

Both documents are part of the same bigger picture: planning so your wishes are followed and your family isn’t left guessing or fighting.

FAQ: common questions with real examples

What is an example of something you put in a living will?

A classic example of a living will instruction is: “If I am in a permanent vegetative state with no reasonable chance of recovery, I do not want artificial nutrition or hydration. I want comfort care only.” That kind of statement tells doctors and your health care proxy exactly how far to go with life support.

What is an example of something you put in a last will?

A typical last will statement might be: “I leave my primary residence at 123 Maple Street to my daughter, and I leave the rest of my estate in equal shares to my three children.” You might also name a guardian for minor kids and an executor to handle the paperwork.

Do I need both a living will and a last will?

Most adults benefit from having both, because they solve different problems. The living will protects your medical wishes while you’re alive and incapacitated. The last will protects your family, your children, your property, and your legacy after you die. They don’t overlap; they complement each other.

Can a living will decide who gets my money or house?

No. A living will never decides who gets your property. It only speaks about medical treatment and end-of-life care while you’re alive. If you want to say who gets your money, house, or personal items, you need a last will (and in some cases, additional tools like beneficiary designations or a trust).

Are living wills and last wills valid in every state?

Both types of documents are widely recognized across the U.S., but the exact rules, forms, and signing requirements vary by state. Many states provide their own suggested advance directive or living will forms. It’s wise to use state-specific templates or talk with a local attorney to make sure your documents meet local requirements.

Planning ahead doesn’t have to be morbid or overwhelming. When you look at these examples of living will vs last will: key examples explained through real-life situations—hospital decisions, kids, houses, pets, digital life—it becomes much more like basic adult homework than a scary legal maze. Start with one document, then add the other, and you’ll give your future self (and your family) a tremendous amount of clarity and peace of mind.