A last will and testament is a legal document that outlines your wishes at death. A living will, or advance healthcare directive, details your preferences for medical treatment if you become incapacitated.
What’s the Difference Between a Will and a Living Will?
Understanding the distinction between a will and a living will is essential for anyone engaged in estate planning—especially in Missouri, where state laws can affect how these documents are created and used.
Missouri and Living Wills
Technically, Missouri does not legally recognize the term “living will.” However, you can still establish a legal document that serves the same purpose. This is usually done through advance directives, durable powers of attorney, and healthcare proxies, which can outline your wishes regarding medical care, end-of-life treatment, and more.
What Is a Will?
A will—also known as a last will and testament—is a legal document that outlines your wishes after death. It covers areas such as:
- Distribution of your assets and property
- Appointment of beneficiaries
- Designation of an executor to manage your estate
- Guardianship arrangements for minor children
- Charitable donations and gifts
In Missouri, wills must go through probate, a legal process where a court validates the will before assets can be distributed to heirs.
What Is a Living Will (Advance Directive)?
A living will, or advance healthcare directive, details your preferences for medical treatment if you become incapacitated and can no longer communicate your decisions. This document typically addresses:
- Use of life-prolonging treatments
- Consent to surgeries or blood transfusions
- Organ donation wishes
- Use of pain relief or palliative care
- Preferences for resuscitation (e.g., DNR orders)
- Cognitive impairment care instructions
In addition, you’ll appoint a healthcare power of attorney, a trusted individual who can make medical decisions on your behalf in line with your expressed wishes.
How Long Does Each Last?
- Will: Remains in effect until your estate is fully administered—assets distributed, debts settled, and instructions carried out by your executor.
- Living Will: Effective as soon as signed and remains in effect until your death. Once you pass, your healthcare agent’s authority ends.
Does a Living Will Need to Be Notarized?
While notarization is not legally required in Missouri for a will or a living will to be valid, it is highly recommended. A notarized will is considered “self-proving,” which can speed up the probate process and reduce legal hurdles.
Common Reasons a Will or Living Will May Be Invalid
Several factors can render your will or advance directive invalid:
- Lack of witnesses to your signature
- Evidence of coercion or undue influence (e.g., caregivers pressuring you)
- Conflicting or outdated versions of your will
- Attempting to use a holographic will (handwritten without witnesses)
- Not meeting Missouri’s legal requirements
- Questionable mental capacity at the time of signing
To avoid these pitfalls, consult with an experienced Missouri estate planning attorney.
Cost of Creating a Will or Living Will
The cost of preparing either document depends on your specific needs and the complexity of your estate. While some basic wills may cost a few hundred dollars, more detailed or high-value estates can require thousands. Though upfront costs may vary, having well-prepared legal documents can prevent expensive complications later—and give you peace of mind.
How to Create a Living Will in Missouri
- Clarify Your Medical Preferences: Think about the kind of care you’d want if you couldn’t speak for yourself.
- Meet With an Estate Planning Attorney: They will help you draft a legally sound advance directive that reflects your wishes.
- Appoint a Healthcare Power of Attorney: Choose someone you trust to make decisions on your behalf.
- Sign and Notarize the Documents: While not required, notarization adds an extra layer of protection and validation.
- Store Your Documents Safely: Keep copies in a fireproof or waterproof safe, and ensure your agent, close family, and healthcare providers have access. Avoid storing them in a safe deposit box, as it can be difficult to access after your death.
Final Thoughts
Whether you’re planning for your healthcare decisions or organizing your financial legacy, creating a will and a living will are crucial steps in protecting your interests and loved ones. Missouri law has specific requirements, so working with a knowledgeable estate planning attorney can help ensure everything is properly prepared and legally valid.
These legal topics are provided to you by the President of QMC, Mark Easley. While QMC does not engage in the practice of law, Mr. Easley has practiced estate planning and elder law for over 30 years and is currently the principal at the Elder and Estate Planning Law Firm of St. Louis.