Legal Question in Civil Litigation in Alabama

Both parents have died, mom and dad had a living will done in 2001, now that the last parent has died, the sister living at home produces a last will and testament of our fatherdone in 2004. Can the living will of both parents overpower the last will and testament of the last parent?


Asked on 4/20/12, 12:18 pm

1 Answer from Attorneys
Melinda Parks The PARKS Law Group

A "living will" is an advanced health care directive and typically addresses whether or not a person wants to receive artificial nutrition or other life sustaining measures. A "Last Will and Testament" is something that comes into affect after a person dies and is used to distribute property after death. The two are different, as one is effective during life and the other after death. So, according to the facts as you present them, the living will cannot supercede the last will and testament, as the documents are designed for different purposes.

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Answered on 4/20/12, 2:24 pm


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