Do I Need a Living Will and a Last Will and Testament in My Illinois Estate Plan?

 Posted on November 11, 2025 in Wills and Trusts

When planning for the future, many people think a standard will is enough. However, a strong estate plan in Illinois often includes both a last will and a living will. These two documents serve different but equally important purposes. When both are included in one estate plan, your wishes are clearly understood and can be respected in the moments when guidance is most needed. Our Lombard, IL estate planning lawyers can help ensure that your documents are valid and complete.

What Is the Purpose of a Last Will and Testament in Illinois?

A last will becomes effective only after you pass away. It allows you to name an executor who will carry out the instructions you leave in your will, distribute your property to your beneficiaries, and designate guardians for minor children. You can even use it to clarify how sentimental personal items should be distributed, which helps prevent conflict among family members.

According to the Illinois Probate Act, a will must be signed by you and witnessed by two individuals who are present when you sign. If the legal requirements are not met, parts of your will or the entire document may be rejected in court. Taking time to draft and sign your will properly prevents unnecessary complications later.

What Is the Purpose of a Living Will in Illinois?

A living will, on the other hand, has nothing to do with property. It provides direction for medical decisions if you are unable to communicate. For example, it applies in situations involving incurable or irreversible medical conditions. Unlike a last will, which addresses property, a living will focuses on your preferences for life-sustaining care. If you are ever in a situation where someone needs to make decisions for you regarding things like ventilators, feeding tubes, and resuscitation measures, your living will would dictate those decisions.

Under the Illinois Living Will Act, you have the legal right to decline medical procedures that only prolong the dying process. Without written instructions, medical professionals must follow standard life-saving procedures, which may not reflect your personal feelings or values.

Additionally, if you do not have a living will, medical decisions may fall to someone chosen under the Illinois Health Care Surrogate Act. While this law provides direction, it can place heavy emotional responsibility on a family member who may not know your wishes. A living will removes uncertainty and helps avoid conflict.

What Should You Include in Your Living Will in Illinois?

To make your intentions clear, your living will might address:

• Whether you want doctors to use ventilators or machines to support breathing

• Your wishes regarding artificial feeding or hydration

• Whether cardiopulmonary resuscitation should be attempted if your heart stops

• Preferences for pain management, even if such medication may shorten life expectancy

• Whether you wish to donate organs or tissues after death

• Instructions regarding dialysis or other life-extending treatments

A living will must be signed in the presence of two qualified witnesses who are not related to you and do not benefit from your estate. This ensures the document’s legal validity. Once it is signed, keep the document in a safe but accessible place. Make sure your medical providers and loved ones know about it. Sharing a copy with your primary care doctor or hospital can help ensure that your wishes are followed when the time comes.

What Should You Include in Your Last Will and Testament in Illinois?

A last will is a highly personalized document, but some elements you can address include:

• The person you would like to serve as your executor and a backup executor

• A clear list of your beneficiaries

• Instructions for distributing real estate, bank accounts, and personal belongings

• Your wishes for guardianship of minor children or dependents

• Directions for charitable gifts or legacy donations

• Any instructions regarding the care of pets

Being clear and detailed in this document helps reduce disputes and provides guidance during the probate process. This is when the court will review your will, pay any remaining debts, and distribute your property to the people you have named.

What Happens If You Do Not Have a Will or Living Will?

If you become incapacitated without a living will, doctors may use default life-saving treatments even if recovery is unlikely. Family members may be left to guess what you would have wanted. This can lead to stress, delays, and conflict during a time when emotions are already running high.

If you pass away without a last will, Illinois intestacy laws determine who inherits your property. These laws follow a strict family-based order. A surviving spouse and children often divide the estate. If there is a spouse but no children, the spouse generally receives everything. If there are children but no spouse, the children inherit the estate. When there are no living spouses or children, the estate passes to parents, siblings, and then to more distant relatives if needed. Stepchildren who were not adopted, long-term partners, and close friends receive nothing under intestacy, even if they were central figures in your life.

Intestacy also affects practical matters. A judge appoints someone to manage the estate, which can increase court involvement and delay resolution. Personal belongings may be sold or divided in ways that cause emotional strain. Guardianship arrangements for minor children are determined by the court, not by your preferences. Creating both a living will and a last will helps ensure your voice is respected when you cannot speak for yourself.

Contact a DuPage County, IL Estate Planning Attorney Today

Having both a living will and a standard will ensures that your wishes are honored during your lifetime and after. The Wheaton, IL estate planning lawyers at A. Traub & Associates are prepared to help you draft thorough, legally valid documents that reflect your goals and protect your loved ones.

Our attorneys have earned recognition from organizations such as Super Lawyers and Elite Lawyer, reflecting their dedication to excellence. They are also active members of the Illinois legal community. Attorney Traub, for example, is a past President of the DuPage County Bar Association and a recipient of the DuPage Legal Assistance Foundation Pro Bono Service Award. This level of involvement and recognition shows our commitment to delivering high-quality, client-focused representation in every estate planning matter we handle. Call 630-426-0196 to schedule a consultation.