TL;DR
A Last Will and Testament distributes your assets after you die. A Living Will (also called an advance directive or healthcare directive) documents your medical treatment preferences in case you become incapacitated and cannot communicate. These documents operate as separate legal instruments which fulfill distinct functions during their designated time periods. All Canadian residents who have reached adulthood must obtain both documents to establish their complete estate planning system. The website LegalWills.ca enables users to create two different types of documents.
Originally published: August 6, 2024 | Last updated: March 11, 2026
What Is a Last Will and Testament?
A Last Will and Testament becomes legally binding after you pass away according to this document. Three main purposes drive the operation of this system:
- The Executor who manages your estate will handle debt payments and final tax filing and asset distribution. Find out about the process to select an Executor.
- The document shows how you want to distribute your assets between all your property and monetary assets and personal belongings and investment holdings.
- Names a guardian for minor children, If you have children under 18, your Will is where you designate who will raise them.
A Last Will has no legal effect while you are alive. The instructions within this document will activate after you reach your final moments. The document stays flexible because anyone can modify it until someone uses it against them. For a complete guide, see how to write a Will in Canada.
Your province will distribute your estate through its intestacy rules because you have not created a Last Will which might not follow your desired asset allocation.
What Is a Living Will?
A Living Will serves as a legal document which becomes active during your life when you lose the ability to express your decisions. The document goes by different names which depend on the province where you live:
- Advance directive (used in most provinces)
- Healthcare directive (Manitoba, Saskatchewan)
- Personal directive (Alberta)
- Representation agreement (British Columbia)
- Mandate in case of incapacity (Québec)
A Living Will documents your preferences regarding:
- Life-sustaining treatment, Whether you want to be kept on life support, receive CPR, or be placed on a ventilator
- Pain management, Your preferences for pain medication and comfort care
- Organ donation, Whether you wish to donate organs and tissues
- Tube feeding and hydration, Whether you want artificial nutrition if you cannot eat or drink
- Palliative care, Your preferences for end-of-life comfort measures
Our guide explains the specific location of Living Wills in estate planning documents. Our article on advance directive terminology provides province-specific terms for this subject.
What Are the Key Differences Between a Living Will and a Last Will?
| Feature | Last Will and Testament | Living Will / Advance Directive |
|---|---|---|
| When it takes effect | After your death | While you are alive but incapacitated |
| What it covers | Asset distribution, Executor appointment, guardian for children | Medical treatment preferences, end-of-life care decisions |
| Who carries it out | Your Executor | Your healthcare proxy / substitute decision-maker and medical team |
| Witnesses required | Yes, typically 2 witnesses in most provinces | Varies by province, some require witnesses, others do not |
| Probate required | Usually yes | No |
| Can be changed | Yes, any time while you have mental capacity | Yes, any time while you have mental capacity |
| Becomes irrelevant | Never, it is needed after death | After death (the Last Will takes over) |
The Last Will determines how your assets will distribute to others following your death. A Living Will handles your healthcare while alive. One picks up where the other leaves off.
How Does a Living Will Work With a Power of Attorney for Personal Care?
A Living Will and a Power of Attorney for Personal Care exist as separate yet interrelated legal documents which serve different functions:
- A Living Will is a written statement of your healthcare preferences. It tells doctors what treatments you do and do not want.
- A Power of Attorney for Personal Care names a specific person (your healthcare proxy or substitute decision-maker) who has the legal authority to make medical decisions on your behalf.
You need to possess both documents for proper functioning. Your Living Will provides guidance to your healthcare proxy about your wishes, and your healthcare proxy has the authority to ensure those wishes are followed, and to make decisions about situations your Living Will did not anticipate.
Your family will need to go through the court system for medical decision authority because you have not established a Power of Attorney for Personal Care. Your healthcare proxy will need to guess your medical treatment preferences because you have not created a Living Will. The two documents work together to solve the problems which occur when you have each document separately.
What Happens Without a Living Will?
Your body will fail to function properly because you do not have a Living Will during your incapacity:
- Your family members need to make choices on their own because they lack any direction. They must guess what you would want regarding life support, pain management, and other critical treatments. Family members fight with each other about medical choices while they are struggling to handle their current situation.
- Medical staff follow default protocols, Without instructions to the contrary, doctors will typically provide all available treatment, including aggressive interventions you may not want.
- The court needs to intervene because family members who oppose your treatment choices must get an official guardian through an expensive and lengthy judicial process which creates emotional distress.
- Your wishes may not be followed, Without a documented directive, there is no guarantee your healthcare preferences will be respected.
A Living Will document protects your family from making medical decisions while it establishes clear medical instructions which you have chosen. Read more about advance serious illness planning.
What Happens Without a Last Will?
Dying without a Last Will (called dying “intestate”) means:
- Provincial intestacy laws determine who inherits, The government-prescribed formula distributes your assets based on family relationships, not your personal wishes
- The court chooses an estate administrator to take control of your estate because you did not appoint an Executor.
- No guardian is named for your children, The court decides who raises your minor children
- Common-law partners face the risk of losing all their inheritance rights because most provinces do not provide automatic inheritance benefits to them.
- Friends, charities, and non-family receive nothing. Intestacy laws only distribute to family members
Our article about dying without a will in Canada explains six main effects which occur when this situation happens.
The Complete Estate Plan: All the Documents You Need
The following documents form the complete estate plan which Canadian residents need to have:
| Document | Purpose | When It Applies |
|---|---|---|
| Last Will and Testament | Distributes assets, names Executor and guardian | After death |
| Living Will / Advance Directive | Documents healthcare preferences | While alive but incapacitated |
| Power of Attorney for Property | Names someone to manage finances | While alive but incapacitated |
| Power of Attorney for Personal Care | Names someone to make healthcare decisions | While alive but incapacitated |
The website LegalWills.ca offers users the ability to generate all necessary documents which form their complete estate planning package. For complete information about required documents and their associated expenses check out our guide which shows you how to create each document and what it will cost you.
Frequently Asked Questions
Can a Living Will override my family’s wishes?
Yes. A properly executed Living Will is a legal document that healthcare providers are bound to follow, even if your family disagrees. Your loved ones can avoid making hard choices because you have this vital document.
Do I need both a Living Will and a Power of Attorney for Personal Care?
Yes, ideally. A Living Will states your wishes. A Power of Attorney for Personal Care names someone with legal authority to enforce those wishes and make decisions about situations you did not anticipate.
Can I include healthcare wishes in my Last Will?
No. Your Last Will only takes effect after death, so any healthcare instructions in it would be useless. Healthcare preferences must be in a separate Living Will or advance directive which medical personnel can access to perform immediate action.
Is a Living Will the same as a DNR (Do Not Resuscitate) order?
No. A DNR is a specific medical order signed by a doctor that instructs medical staff not to perform CPR. A Living Will contains medical treatment preferences which extend beyond the limited scope of a DNR order. A Living Will document lets you select resuscitation preferences but it includes additional medical instructions which surpass the content of a DNR order.
How much does it cost to create a Living Will in Canada?
LegalWills.ca provides a service which lets you create a Living Will as part of your estate plan. The typical lawyer fee for creating a standalone advance directive document ranges between $200 and $500. See our cost comparison for more details.
