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Main Dictionary L

Living Will

Term living will refers to the voluntary dispositions made during life, which relate to funerals and accompanying actions, constitute the will of the deceased. It can also include information, whether one wants or not to get a life-sustaining treatment, that can be assisted breathing or tube feeding.

Living Will explained

The living will is one of the forms of the lifetime contract, in which the customer has the opportunity to reflect his wishes about the funeral without pre-payment. An expression of will and lifetime contract is an opportunity to put on paper one's own wishes about a dignified burial and actions in the thermal state. 

Living will can contain information on entrusting the funeral and all accompanying actions to the spouse, relatives, a representatives like third parties defined by law, or the bank where the account for the burial is opened with the conclusion of a contract with the ritual service. In addition, the organization of the funeral can be entrusted to other persons, both individuals and legal entities.

Living will also includes the decision of the person on consent or non-consent to autopsy, if due to the circumstances of the decease it will not be obligatory.

In living will states details of posthumous transfer of the body, organs, tissues to the institution of the Ministry of Health for use in research or educational purposes.

In the living will a person can also determine the desire or unwillingness to be buried next to the previously deceased relative(s) or in another place, consistent with confessional affiliation and family traditions.

Person doing the living will enclosure decides whether he/she is consent or disagreed to posthumous cremation.

Funeral organization requires a set of actions, which are carried out promptly, carefully, taking into account the specific circumstances that are expressen in the living will.

Expression of living will is valid both in written and oral form. In the case of an oral expression of living will, the presence of at least one witness of full age is mandatory for acceptance of the living will. Orders related to the fulfillment of contractual obligations and concerning the posthumous transfer of the body to the institution of the Ministry of Health are only made in writing form of the living will.

Peculiarities of Living Will execution

Burial in a place appropriate to the living will is carried out if there is a burial plot or a place in the columbarium according to the living will.

Those lifetime dispositions of the deceased that comply with applicable living will are carried out.

In addition, the living will is executed if there are no circumstances that fully or partially preclude the possibility of following the deceased's lifetime dispositions.

An expression of living will of the deceased that was made or written under duress is deemed invalid.

The living will is a form of the contract normally used for unclosure of the will of a customer in case of his/her death or thermal condition. In living will a person can reflect all of the wishes concerning those circumstances without prepayment. 

In the living will the client appoints a Trustee - a relative, a close friend, a friend, who will undertakes the preparation of the funeral ceremony and payment of expenses.