When making a Will, most people focus on deciding who will inherit their money, property and other assets. However, there are often personal wishes and practical matters that do not need to be included in the Will itself.
A Letter of Wishes can sit alongside your Will and provide additional guidance to your executors and family about how you would like certain matters to be handled. Unlike your Will, it is generally not legally binding.
This can make a Letter of Wishes a useful addition to your wider estate planning.
What is a Letter of Wishes?
A Letter of Wishes is a separate document that is kept alongside your Will. It allows you to provide guidance to your executors and family about matters that are important to you without making them part of the legally binding terms of your Will.
What Can You Include in a Letter of Wishes?
One of the most common reasons for having a Letter of Wishes is to provide guidance about personal possessions. While your Will may deal with your estate as a whole, it may not specify who should receive every individual item you own.
A Letter of Wishes can record who you would like to receive particular belongings, particularly items with sentimental value such as:
- jewellery;
- photographs;
- family heirlooms; and
- other treasured possessions.
It can also help reduce the likelihood of disagreements between family members and avoid the need to update your Will whenever your wishes change.
A Letter of Wishes can also provide your executors with guidance about important documents, digital assets, funeral preferences and other personal information that may assist them and your family following your death.
Is a Letter of Wishes Legally Binding?
Generally, no. Unlike a Will, a Letter of Wishes is generally not legally binding. Instead, it provides guidance for those dealing with your estate.
Because it is a separate document, it can usually be updated more easily if your circumstances or preferences change, without formally amending your Will.
Do I Need a Letter of Wishes With My Will?
A Letter of Wishes cannot replace a properly drafted Will, but it can be a valuable supporting document. It gives you an opportunity to explain certain wishes in more detail and provide practical guidance to your executors and family. Whether a Letter of Wishes would be useful will depend on your individual circumstances and what you want your estate planning arrangements to achieve.
If you are making a new Will or reviewing an existing one, our Wills and Probate team can advise you on whether a Letter of Wishes could complement your Will and form part of your wider estate planning arrangements.
This blog post is not intended to be taken as advice or acted upon. If you are seeking legal advice, please contact our team of solicitors.
