Living Will vs. Last Will vs. Living Trust in Louisiana — What’s the Difference?

Three of the most commonly-confused estate planning documents in Louisiana share similar names but do completely different things:

• A living will tells doctors what to do if you can’t communicate.
• A last will and testament tells the court who gets your stuff after you die.
• A living trust holds and distributes your property without going through court.

Despite the similar names, they cover entirely different situations. People regularly call our office asking for a “living will” when they actually want a last will, or asking about a “will” when they really need a trust. This guide walks through what each does and helps you figure out which one (or which combination) you actually need.

Quick reference: which document does what?

1. Living will (advance directive) — for medical decisions

A Louisiana living will — officially called a Declaration Concerning Life-Sustaining Procedures under La. R.S. 40:1151 — is a written instruction telling doctors and hospitals what to do if you become terminally ill or permanently unconscious and can’t communicate your wishes.

A typical Louisiana living will addresses:

• Whether you want life-sustaining procedures (ventilators, feeding tubes, dialysis, CPR, etc.) if you’re in a terminal condition
• Pain relief preferences
• Whether you want artificial nutrition and hydration
• Organ donation preferences

What a living will does NOT do:

• It does not distribute your property after you die
• It does not appoint a guardian for minor children
• It does not avoid probate
• It does not name an executor

If you came here looking for a document that handles any of those, you actually want a last will and testament (asset distribution) or a living trust (property held in trust). Keep reading.

A living will is often paired with a medical power of attorney (also called a healthcare proxy) — that’s a separate document naming who can make medical decisions on your behalf when you can’t. The two work together. See our deeper article on the purpose of a living will in a Louisiana estate plan, or our guide on Louisiana estate planning for incapacity for the full picture.

2. Last will and testament — for distributing your property

A Louisiana last will and testament is the document that controls who gets your property when you die. This is what most people are actually looking for when they search “living will” or “need a will.”

Louisiana recognizes two main types of valid wills:

• Notarial will (La. C.C. art. 1577) — the formal, attorney-drafted document signed in front of a notary and two witnesses. The strongest form, hardest to challenge.
• Olographic will (La. C.C. art. 1575) — entirely handwritten, dated, and signed by you. No witnesses needed at signing, but the will must be authenticated by a court after death.

A properly-executed Louisiana last will lets you:

• Name who inherits your property (within Louisiana’s forced heirship constraints)
• Appoint an executor to manage your estate
• Name a guardian (tutor) for minor children
• Specify particular bequests of property to specific people
• Provide for funeral arrangements
• Disinherit (in limited circumstances) under Louisiana’s strict disinheritance rules

What a last will does NOT do:

• It does not avoid probate — in Louisiana, an estate with a will still requires a succession proceeding
• It does not control medical decisions while you’re alive
• It does not take effect until you die

For most Louisiana families, a properly-drafted notarial last will is the foundation of any estate plan. See our complete guide to the Louisiana last will and testament for forms, cost, and the drafting process.

3. Living trust (revocable living trust) — for holding property

A living trust — technically a “revocable inter vivos trust” in Louisiana — is a legal entity you create during your lifetime to hold and manage property. You transfer assets into the trust (this is called “funding” the trust), and the trust then owns them. You typically serve as the trustee yourself while you’re alive, with someone designated to take over when you die or become incapacitated.

When you die, the trust’s assets pass to your beneficiaries according to the trust’s terms — without going through probate court. This is the main reason people set up living trusts.

A Louisiana living trust can:

• Avoid probate (succession) for the assets inside it
• Provide privacy — trust contents are not public record like a probated will
• Manage your assets if you become incapacitated
• Provide ongoing income or maintenance to beneficiaries over time
• Hold property for minor children until they reach a specified age
• Reduce family fights over inheritance (sometimes)

What a living trust does NOT do:

• It does not control medical decisions while you’re alive
• It does not automatically include your property — you must affirmatively transfer (fund) assets into it
• It does not work for assets you never put into the trust — those still go through succession unless they have beneficiary designations
• It does not automatically save estate taxes (federal estate tax applies regardless)

Louisiana’s living trust law has unique features — particularly around forced heirship and community property — that make them more complex here than in many other states. See our FAQ on living trusts in Louisiana probate for details.

The most common scenarios — what do you actually need?

Scenario A: “I want to make sure my family is taken care of when I die”

You want a last will and testament. Most Louisiana families need this as the foundation. It names heirs, picks an executor, and (if you have minor children) names a guardian.

If your estate is large enough to make probate expensive or you want privacy, add a living trust alongside the will. Most full estate plans include both.

Scenario B: “I want to control what happens if I’m in a coma or can’t communicate”

You want a living will (Louisiana’s Declaration Concerning Life-Sustaining Procedures) plus a medical power of attorney. The living will gives the instructions; the medical POA names someone to make decisions.

Scenario C: “I want to avoid probate and keep things private”

You want a living trust as your primary document — fully funded with your assets — plus a pour-over last will that catches anything not transferred into the trust. This is the classic estate planning combination.

Scenario D: “I want to do everything — the full estate plan”

A complete Louisiana estate plan typically includes all of the following:

1. Last will and testament — distributes property after death
2. Revocable living trust — holds property to avoid probate (optional but common)
3. Living will (advance directive) — medical instructions if you can’t communicate
4. Medical power of attorney — names who can make medical decisions for you
5. Financial power of attorney — names who can manage your finances if you’re incapacitated
6. HIPAA authorization — lets family members access medical records

This is what we mean by a “complete estate plan.” Pricing varies, but for most Louisiana families a full package runs $2,500–$5,000. See our estate planning practice page for details.

Side-by-side comparison: when each document applies

Common misconceptions worth clearing up

“A living will avoids probate”

No. A living will has nothing to do with probate. It applies to medical decisions while you’re alive. Probate (succession in Louisiana) only matters after death. If you want to avoid probate, you’re thinking of a living trust.

“If I have a will, I don’t need to go through probate”

False. Having a Louisiana last will and testament does NOT avoid probate. The estate must still go through a succession proceeding for the will to be effective. The will tells the court what to do; it doesn’t bypass the court. See our guide on starting the Louisiana succession process.

“A living trust replaces a will”

Not exactly. Most estate plans with a living trust still include a “pour-over will” that catches any property you didn’t transfer into the trust. The will pours those leftover assets into the trust. You need both for a complete plan.

“Married couples in Louisiana just need one document for both spouses”

No. Each spouse needs their own set of documents. Louisiana also has unique community property and forced heirship rules that affect what each spouse can do with their property. Couple-specific planning is more complex here than in non-community-property states.

“I’m young, I don’t need any of this yet”

The two situations these documents address — sudden incapacity and unexpected death — are not age-dependent. Adults of all ages benefit from at minimum a living will and medical power of attorney. If you have children, a last will naming a guardian is essential.

Frequently asked questions

Is a living will the same as a last will and testament in Louisiana?

No. A living will (or “advance directive”) is a medical document that tells doctors what to do if you can’t communicate. A last will and testament distributes your property after you die. They’re completely different documents serving completely different purposes.

Do I need both a will and a living trust in Louisiana?

For many families, yes. Most estate plans built around a living trust also include a “pour-over will” that catches any property not transferred into the trust. The will pours those leftover assets into the trust, ensuring nothing is left in your individual name to require succession. If you don’t use a trust, a last will alone is the foundation document.

How much does each document cost in Louisiana?

Approximate ranges at most Louisiana firms:

• Living will alone: $150–$400 (often bundled with other documents)
• Last will and testament (notarial): $500–$1,500
• Revocable living trust: $2,500–$6,000 or more
• Complete estate plan package (will + trust + advance directive + POAs): $2,500–$5,000

Can I make a Louisiana living will without a lawyer?

Yes — Louisiana law allows you to write your own living will as long as it meets the statutory requirements (R.S. 40:1151). The state has a model form you can use. But the document still needs to be witnessed and notarized properly, and it should be coordinated with your other estate planning documents.

Can I write my own last will in Louisiana?

Yes, but be careful. Louisiana recognizes olographic wills (entirely handwritten, dated, and signed in your own hand) as valid — but they must be authenticated by a court after death, which is an extra step. A notarial will prepared by an attorney is more reliable, harder to challenge, and easier to administer. See our complete guide to the Louisiana last will and testament.

If I have a living trust, do I still need a last will?

Yes, typically. Even with a living trust, a “pour-over will” is used to catch any assets you didn’t transfer into the trust. The will also names a guardian for minor children — something a trust can’t do.

What’s the difference between a living will and a medical power of attorney?

A living will contains your written instructions about what medical treatment you want. A medical power of attorney names a person who can make medical decisions on your behalf when you can’t. They work together — the living will gives the agent guidance about your wishes.

What happens if I die without any of these documents?

Louisiana’s intestate succession laws control how your property is distributed — you don’t get to choose. The court appoints decision-makers. See our guide on Louisiana inheritance laws when there’s no will. For medical decisions while you’re incapacitated without a living will or medical POA, Louisiana law has a default order of decision-makers (spouse, adult children, parents) but they may not know your wishes.

Do these documents need to be filed with the court?

Not while you’re alive. None of them are filed with the court when signed. The last will is filed at the time of death (to open succession). The living will is provided to your doctors and hospital. The living trust simply needs to be properly funded with your assets.

How often should these documents be updated?

Review every 3–5 years and after major life events: marriage, divorce, birth of a child, death of a beneficiary or executor, significant change in assets, or moving to or from Louisiana. Louisiana’s community property and forced heirship rules also change periodically; an estate plan written 15 years ago may need updating.

Where should I keep these documents?

Original signed documents should be kept in a secure but accessible location — a fireproof home safe is common. Provide copies to your executor, your medical agent, and (for the living will) your primary care doctor. Don’t put the original last will in a safe deposit box that only you can access — nobody will be able to get to it when needed.

---

If you’re trying to figure out which estate planning documents you actually need, contact Scott Law Group — Estate Counsel or call (504) 264-1057. Most consultations end with a clear plan and a firm cost quote. We prepare wills, trusts, living wills, and complete estate plans statewide.

This article provides general information about Louisiana estate planning documents and is not legal advice. Specific situations should be reviewed with a qualified Louisiana attorney.