Top reasons to create a Living Will

A Last Will and Testament, often just called a Will, lets you decide who inherits your home, money, and other personal belongings. It also lets you nominate a guardian for your children, set up a testamentary trust for minor beneficiaries or those with special needs, and appoint an executor to carry out your wishes. A Will only comes into effect after you die, and is a legal document that must meet the formalities of the Wills Act 7 of 1953. By having one in place, you help secure a legacy for your beneficiaries when you’re no longer around

A Living Will on the other hand only holds power while you’re still alive but unable to share your wishes. It serves as an advanced medical directive, letting you choose the type of end-of-life medical care you want that aligns with your values and personal beliefs.

Why both matter?

Without a Last Will and Testament, your hard-earned assets could end up in the wrong hands after you pass away. And, without a Living Will, your end-of-life medical care may be left to painful guesswork. That’s why, it’s important to have both documents in place to spare your loved ones from court battles and uncertainty about your final wishes.

Ways a Living Will can help protect your legacy

Living Wills in South Africa aren’t legally binding but medical practitioners treat them as ethical guides when the prospect of recovery is unlikely.

Here’s how a Living Will can help protect your legacy.

You stay in control of your end-of-life medical care

You can document which end-of-life medical treatment you wish to receive or refuse. These include life support and resuscitation when you’re permanently unconscious, have end-stage dementia or facing a terminal prognosis. You can’t use a Living Will to ask for assisted suicide or euthanasia, since both remain illegal in South Africa.

Reduces end-of-life medical costs

By clearly stating which treatments you do or don’t want, a Living Will can help you avoid prolonged ICU stays and extensive hospital procedures that may be costly and contrary to your wishes. You can state whether to get palliative care at home or in a hospice depending on which is gentler and more affordable. When you make your wishes clear, important medical decisions can happen quickly, expensive legal battles can be avoided, and your family won’t have to carry the weight of medical bills on top of their grief.

Prevents family conflicts and provides peace of mind

When you can’t speak for yourself during end-of-life medical care, the responsibility often falls on your loved ones to decide what’s best. But, everyone’s idea of “best” can differ. Your parents may feel one option is right, while your sibling may feel another. Personal beliefs, religion, and values can all influence these choices, which could lead to disagreements that strain relationships. A Living Will removes the uncertainty by making your wishes clear.

Supports your values and legacy

A Living Will protects your personal values and beliefs by ensuring your end-of-life medical care reflects what matters most to you. If you’re considering donating your organs, documenting your decision in a Living Will can give the gift of life to others while easing the emotional burden on your loved ones during a difficult time.

South Africa faces a severe organ donor shortage, with around 8 000 people, including children, waiting for transplants. Yet only 0.2% of South Africans are registered donors. Stating your wishes in a Living Will can help expand the donor pool. Organisations like tell.orgopen_in_new provide education and awareness about organ donation, empowering you to make a lasting impact for those in urgent need.

Supports comprehensive estate planning

Living Wills are a crucial part of estate planning because they help manage the often-overlooked costs of dying. End-of-life medical care can be extremely expensive. Without clear guidance, these costs may deplete your estate, leaving less for your beneficiaries or even creating debt for your family to settle. When combined with a Last Will and Testament and other estate planning tools, a Living Will helps protect both your financial legacy and your personal wishes, making your overall estate plan more effective.