The Importance of a Will and a Living Will

What is a Will?

A will is a legal document that outlines an individual's wishes regarding the distribution of property, belongings, and the care of any children under the age of 18. To ensure these specific wishes are honoured, the will must be put in writing and signed by the individual and their chosen witnesses.

Legal Validity of a Will

If a will is not executed correctly, it is not guaranteed, and the contents may be legally challenged. Proper execution ensures that the will is legally binding and less likely to face disputes.

What is a Living Will?

A living will allows individuals to express their wishes about how they want to be treated and cared for in specific situations, in case they become unable to make or communicate their decisions. Although the term ‘living will’ has no legal meaning, it generally refers to an advanced decision regarding a person's future care.

Advanced Decision Under the Mental Capacity Act 2005

An advanced decision permits individuals to refuse treatment in the future if they lose mental capacity. This is governed by the Mental Capacity Act 2005. However, an advanced decision can only be enacted once the person has been deemed to have lost their mental capacity.

Limitations of an Advanced Decision

An advanced decision cannot be used to refuse the offer of food or drink by mouth or basic care essential to keep the individual comfortable, regardless of their life stage.

Conclusion

Understanding the importance and legal aspects of a will and a living will is crucial for ensuring that an individual's wishes regarding property distribution and future medical care are respected and followed.