A living will is not the same thing as a last will & testament. Living wills refer to medical decisions while last will & testaments refer to the inheritors of your property. As you consider your estate planning, know that your health and assets should both be considered. You don’t need one or the other. You can and should have a living will and a last will & testament in place.

Does a last will and testament need to be notarized or filed in court?

In most cases, living wills must be notarized or have a witness. Different states have different requirements for living wills. Check your state regulations or consult with an estate planning attorney for more information.

Can a Last Will and Testament Be Changed or Contested?‌

You can amend your last will & testament at any time as long as you’re not mentally incapacitated. When it comes to contesting a will, only what the court determines to be “interested persons” can contest it. Beneficiaries, heirs (family members), and creditors can contest a will when necessary. For example, if they suspect fraud or the incapacity of the person who wrote the will. Contesting a will can be a challenging and complex ordeal so it’s important to seek legal advice if you plan to do so. Read More About Estate Planning