What to Include in a Letter of Wishes (And What Not To)

A Letter of Wishes is a document that accompanies a will and provides additional guidance to executors, trustees, or family members. Unlike a will, it is not legally binding, but it can offer valuable clarification about a person’s intentions and personal preferences.

One of the main benefits of a Letter of Wishes is flexibility. Because it is separate from the will, it can usually be updated more easily without formally changing the will itself. People often use it to explain decisions, reduce the risk of family disputes, and provide personal guidance that may not belong in a legal document.

A Letter of Wishes commonly includes funeral preferences. This may involve burial or cremation instructions, religious wishes, or details about the type of ceremony desired. While these wishes are not legally enforceable, they can help family members make decisions during an emotional time.

Parents may also use a Letter of Wishes to explain guardianship preferences for children. Although guardians are officially appointed in the will, the letter can provide guidance about upbringing, education, religion, or family values.

Financial guidance is another common feature. Individuals may explain why certain beneficiaries received different inheritances or provide suggestions to trustees about managing money for young or vulnerable beneficiaries. This can help trustees understand the person’s intentions more clearly.

People with personal possessions of sentimental value often include instructions about jewellery, photographs, or family heirlooms. Although smaller gifts can sometimes be included in the will itself, a Letter of Wishes may provide additional context or explanation.

However, there are important limitations. A Letter of Wishes should not attempt to replace the will or include legally binding instructions that contradict it. Major financial decisions, property distribution, and executor appointments should always remain in the formal will.

It is also important to avoid unclear or emotional language that may create confusion or conflict. Statements criticising family members or expressing anger can increase the likelihood of disputes after death. The document should remain practical, respectful, and focused on guidance rather than personal grievances.

Sensitive information, such as passwords or confidential financial details, should also be stored carefully rather than casually included in the letter. Secure storage and regular updates are essential.

Although a Letter of Wishes is not legally binding, it can still play an important role in estate planning. It helps loved ones understand personal preferences and can make difficult decisions easier during an already stressful period.

Professional legal advice can help ensure a Letter of Wishes complements the will effectively. When used properly, it can provide clarity, reassurance, and a more personal expression of someone’s final wishes.

Disclaimer: This article is for general information only and is not legal advice. Every case depends on its own facts and the law may change. You should not rely on this article as a substitute for obtaining independent legal advice.

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