---
title: "What Is Last will and testament? Home Care Glossary"
description: "A last will and testament is a legal document that says who receives a person's property after death. It can name an executor to carry out those wishes. It..."
url: https://homecare.preview.multisites.ai/glossary/last-will-and-testament/
publisher: HomeCare.com
phone: 800-974-3458
start: https://care.homecare.com/?source=homecare.com
---

Legal and planning

# Last will and testament

A last will and testament is a legal document that says who receives a person's property after death. It can name an executor to carry out those wishes. It can also name a guardian for minor children. It takes effect only at death.

## Why it matters for your family

The National Institute on Aging lists a will among the common documents to prepare. A will does nothing while the person is alive, so it does not help with care decisions. A common mistake is to think it avoids probate or overrides beneficiary designations on accounts. It does neither in most cases. Another is to leave it unsigned or outdated after a move, a death or a new grandchild. Tell the executor where the original is kept. For care at home, a will matters less than a power of attorney and a health care proxy, but all three belong in the plan. An elder law attorney can advise. This is not legal advice.

Source: [nia.nih.gov](https://www.nia.nih.gov/health/advance-care-planning/getting-your-affairs-order-checklist-documents-prepare-future)

[Read more: What is Elder Law and Do You Need an Elder Care Attorney?](https://homecare.preview.multisites.ai/paying-for-care/elder-law-attorney/)

## Related terms

-   [**Revocable living trust**A revocable living trust is a legal arrangement in which a person places assets in a trust and keeps the right to change it.](https://homecare.preview.multisites.ai/glossary/revocable-living-trust/)
-   [**Letters of testamentary**Letters testamentary are a court document that confirms an executor's authority to act for an estate.](https://homecare.preview.multisites.ai/glossary/letters-of-testamentary/)
-   [**Beneficiary designation**A beneficiary designation names who receives an asset when the owner dies.](https://homecare.preview.multisites.ai/glossary/beneficiary-designation/)
-   [**Living will**A living will is a legal document that tells doctors how you want to be treated if you cannot make your own decisions about emergency treatment.](https://homecare.preview.multisites.ai/glossary/living-will/)
-   [**Elder law attorney**An elder law attorney is a lawyer who focuses on legal issues of older adults.](https://homecare.preview.multisites.ai/glossary/elder-law-attorney/)
-   [**Durable power of attorney**A durable power of attorney is a power of attorney that stays in effect if the person who signed it becomes incapacitated.](https://homecare.preview.multisites.ai/glossary/durable-power-of-attorney/)

[All glossary terms](https://homecare.preview.multisites.ai/glossary/)

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