What is a living will?
A living will — properly an advance decision (or advance directive) — lets you refuse specific medical treatments in advance, in case you later lose the capacity to decide. It applies while you are alive, not after death, so it is quite different from a will, which deals with your estate. An advance decision refusing life-sustaining treatment must be written, signed and witnessed.
Detailed explanation
The name is misleading: a “living will” has nothing to do with inheritance.
- Lets you set out treatments you would refuse if you can't communicate.
- Legally binding on doctors if valid and applicable to the situation.
- To refuse life-sustaining treatment, it must be in writing, signed and witnessed, and state it applies even if life is at risk.
- Different from a Health & Welfare lasting power of attorney, which appoints someone to decide for you.
Priya makes an advance decision refusing certain resuscitation in defined circumstances. Years later, when she cannot communicate, doctors are bound to follow it. Her ordinary will, made separately, still governs who inherits her estate after death.
- Complete the questionnaireA few guided questions about you, your family and your wishes.
- Human reviewYour answers are checked by the ClearLegacy editorial team for completeness.
- Receive your documentsYour will and supporting paperwork are produced, ready to print.
- Sign correctlyClear instructions on signing and witnessing so the will is legally valid.
- Protect your familyYour wishes are recorded and your loved ones are spared the intestacy default.
Sources
- GOV.UK — Make, register or end a lasting power of attorney
- Mental Capacity Act 2005 — legislation.gov.uk
- Office of the Public Guardian — LPA guidance
- Reviewed by
- ClearLegacy editorial team
- Last reviewed
- June 2026
- Next review
- December 2026
- Jurisdiction
- England & Wales
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