Living Will

A living will is a written document in which an individual outlines their wishes regarding medical treatment if they are unable to communicate or make decisions for themselves. In South Africa, a living will is typically used to express a person's desire not to have artificial life support continued if they are terminally ill or in a permanent vegetative state.

Additionally, living wills often specify that if the person is experiencing severe pain, they wish to receive medication for pain relief, even if this may unintentionally shorten their life. This approach reflects the principles of pain relief and dignity in end-of-life care, which are recognised in South African medical and ethical practice.

Although South African law does not provide detailed legislation specifically governing living wills, medical practitioners generally respect such documents as expressions of a patient's wishes, provided they are clear, lawful, and consistent with accepted medical ethics.

Author's Note & Disclaimer:
The views, analyses, and opinions expressed in this article are solely those of the author and are based on independent research and relevant statutory legislation. This article is written and drafted by LSC Esterhuyse - B.Iuris LLB (Unisa), Deceased Estates Practice (Unisa), Estate Planning & Wills (UCT). The content provided here is strictly for educational and informational purposes and does not constitute formal legal, financial, or fiduciary advice. Readers are encouraged to consult a certified financial planner or independent legal professional regarding their specific estate circumstances.

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Deceased Estates Administration

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