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

 Posted on July 31, 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. Having both can give you and your family peace of mind. Speak with a Wheaton, IL estate planning attorney to ensure your documents are valid and complete.

How Is a Living Will Different From a Last Will and Testament?

A last will becomes effective after you pass away. It lets you name an executor, choose guardians for minor children, and decide who inherits your property. Without a will, your estate will be divided based on Illinois's intestacy laws, which may not reflect your wishes.

A living will, on the other hand, has nothing to do with property. It is a legal document used while you are still alive in case you become seriously ill or injured and can no longer communicate or make decisions for yourself. It typically addresses end-of-life care, such as whether you want life-sustaining treatments like ventilators, feeding tubes, or resuscitation. This can ease a significant burden on your loved ones, who would otherwise have to make those decisions for you during a stressful time, hoping they know what you would have wanted.

Under the Illinois Living Will Act in 755 ILCS 35, you have the right to refuse death-delaying procedures if your condition is incurable and irreversible. A living will ensures your wishes are respected even if you cannot voice them at a critical time.

What Should You Include in Your Living Will in Illinois?

A proper Illinois living will should clearly state your wishes about medical care at the end of life. It should include:

• Whether you want doctors to use machines to keep you alive if recovery is unlikely

• If you wish to receive food and water through artificial means

• Whether you want to donate your organs after death

The form must be signed by you and at least two witnesses who are not related to you or financially involved in your estate. According to the Health Care Surrogate Act, if you do not have a living will, someone may be chosen to make decisions for you. However, this can lead to disagreements and confusion.

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

Your last will should include:

• The name of your executor, which is the person who will handle your estate

• A list of your beneficiaries

• Specific instructions for who gets what of your property

• Directions for guardianship of any minor children

According to 755 ILCS 5/4-3, the Illinois Probate Act, you must be at least 18 years old and of sound mind to make a will. It must be signed by you and two witnesses, or it may be declared invalid.

Contact DuPage County, IL Estate Planning Attorney Today

Having both a living will and a standard will ensures 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.