Letter of Wishes: Do's & Don'ts

Although a Will is a necessary document for a smooth estate administration, a Will alone may not capture the full nuance of your “final wishes”, such as funeral arrangements, or leaving executors uncertain over discretionary gifts, guardianship arrangements, or other instructions. This is where a “Letter of Wishes” comes in; a flexible document that sits alongside your Will, outlining preferences without creating legal obligations.

In this article, we’ll discuss how to draft an effective Letter of Wishes, such as what to include, what to avoid, and why it matters.

Contents:

• What Is a Letter of Wishes?
  • What Should You Include in a Letter of Wishes?
  • What Should You Not Include in a Letter of Wishes?
• How Do You Write a Letter of Wishes?
• Example of a Letter of Wishes
• What Are the Benefits of a Letter of Wishes?
• Where Should Your Letter of Wishes Be Stored?
• Can a Letter of Wishes Be Amended?
• Is a Letter of Wishes Legally Binding?
• Does a Letter of Wishes Need to Be Signed and Witnessed?
• Can a Letter of Wishes Be Challenged?
• Does a Letter of Wishes Replace a Will?
• Who Can View Your Letter of Wishes?
• When Should You Write Your Letter of Wishes?
• Contact Us

What Is a Letter of Wishes?

A Letter of Wishes (LoW) - sometimes known as a “Memorandum of Wishes” or “Expression of Wishes” - is a private, non-binding document designed to accompany a Will, rather than replace it. Its sole purpose is to guide executors and trustees after your death, ensuring your wishes are properly followed.

What Should You Include in a Letter of Wishes?

These are the type of details which are commonly outlined in a Letter of Wishes:

• Funeral and Memorial Wishes: Outline preferences for burial or cremation.
• Guardianship Arrangements: Name the person(s) you’d like to care for minor children and give directions of your thoughts and feelings regarding your children’s upbringing.
• Discretionary Gift Guidance: Specify who should benefit from discretionary trusts and in what circumstances.
• Sentimental and Personal Effects: List keepsakes and who should inherit them.
• Will Exclusions: Provide details about why someone has been excluded from the Will.
• Notification of Death: Include information about who to notify of your death.

What Should You Not Include in a Letter of Wishes?

There are several things you should avoid including in this document, including the following:

• Legally-Binding Directives: Avoid wording that sounds like formal instructions.
• Contradictory Provisions: You should not include details which contradict your Will.
• Personal Grievances: These could cause unnecessary disputes within the family.
• Vague Language: Steer clear of ambiguous language, such as “use your judgement”.
• Monetary Gifts: Executors are not obliged to follow a LoW, so include gifts in the will itself or give an expression of wish for a distribution from the trust of this nature instead.

How Do You Write a Letter of Wishes?

Writing a Letter of Wishes is a straightforward process which is not dictated by legal requirements, and there is no set format as to how it should look. The document can be either written by hand or typed, and there are many example templates you can use online (such as the free Letter of Wishes example we have included below).

Your Letter of Wishes should be free from legal jargon, giving the reader a clear understanding of what the document is about. To avoid the risk of disputes, you should explain decisions in an honest, considerate manner, so that relevant people understand your thoughts. As mentioned earlier, it is also vital that you do not contradict your Will. Otherwise, you run the risk of your wishes not being fulfilled as you hope they would.

As a rough guide, your letter could be structured as follows:

1. “Letter of Wishes” as the title of the document, so there is no ambiguity.
2. The date written
3. To: [insert the name of your executor(s) or trustees].
4. A summary of the Letter of Wishes’ aims, the factors you’ve taken into account when writing your Will, and specific details that you wish to outline (such as the age at which beneficiaries should receive their share of inheritance).
5. Your name and signature.

Example of a Letter of Wishes

What Are the Benefits of a Letter of Wishes?

If you’re questioning whether it is beneficial to write a Letter of Wishes, here are some of the advantages:

• They are simple for anyone to make, since they don’t require legal witnesses.
• It does not need to be drafted in any particular way, so you are free to outline wishes.
• You can use plain English rather than legal language, keeping it easy to understand.
• They can be flexible to account for any changes in your circumstances before death.
• The document stays confidential, even after your death; unlike a Will, which is public.

Where Should Your Letter of Wishes Be Stored?

To ensure your Letter of Wishes is easy to locate, you should store it in a safe, accessible place - ideally alongside your Will. You should also inform the executor(s) about where they can find the Letter of Wishes so that they know one exists. If you don’t want to store the document at home, you may ask your solicitor or bank to hold onto it until after your death for a document storage service.

Can a Letter of Wishes Be Amended?

You can amend your Letter of Wishes as and when necessary, and it should be kept up-to-date with any updates to your Will. Otherwise, it may contradict it and lead to potential disputes, or your wishes may not be carried out as planned.

Is a Letter of Wishes Legally Binding?

A Letter of Wishes is not a legally binding document, unlike a Will. For the most specific and sensitive instructions, it is best to include these in your Will, so that they must be carried out by law.

Does a Letter of Wishes Need to Be Signed and Witnessed?

Your Letter of Wishes does not need to be witnessed, since it is not a legally binding document (as outlined above). However, you must sign and date the Letter of Wishes, although this will not impact your ability to review and amend the document before your death.

Can a Letter of Wishes Be Challenged?

Unfortunately, an executor can ignore or challenge the details outlined in your Letter of Wishes. The court will typically consider the Letter of Wishes alongside the Will, but it is not obligated to uphold the letter's wishes if they conflict with the Will or if a party feels the trustees are acting unfairly.

To ensure your wishes are carried out, include key actions in your Will, and back these up in the Letters of Wishes.

Does a Letter of Wishes Replace a Will?

A Will cannot be substituted by a Letter of Wishes, since the former is legally binding, and the latter is not. Instead, your Letter of Wishes should complement the actions outlined in your Will, providing further structure or context around your intentions so that family and friends can understand your inheritance choices, for example.

Who Can View Your Letter of Wishes?

Your letter of wishes is a private document designed for executors (or estate administrators) and trustees. They have full discretion over the letter’s contents and are under no legal obligation to share details with beneficiaries.

Therefore, even if asked, executors may refuse to disclose the letter. However, if a solicitor drafted your Will, you can request the complete document - including its Letter of Wishes - by submitting an application under a “Larke v Nugus” statement (a request where the solicitor is compelled to provide a certified copy of the Will).

When Should You Write Your Letter of Wishes?

Your Letter of Wishes can be written at any time, although many people prefer to write it at the same time as their Will, so that they can accurately complement the Will’s wishes and include all relevant information.

Don’t Leave Your Family’s Future to Chance

Although a Letter of Wishes is a useful document to include for stronger estate planning, it can easily cause conflict or confusion if it contradicts your Will. Our solicitors at both our London office, and Cambridge office are experienced in estate planning law and can review your Letter of Wishes to ensure it accurately follows your Will. For more information, please get in touch with us to schedule a consultation.

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