A letter of wishes is a document that accompanies your will or trust to provide additional guidance to your executors or trustees. While not legally binding, it carries significant moral weight and helps explain your thinking in ways that formal legal documents cannot. Understanding how to use a letter of wishes effectively can make a real difference to how your estate is administered.
In this guide
What is a letter of wishes?
A letter of wishes is a personal document written in your own words that explains your wishes, reasons, and guidance. Unlike a will, it does not need to be formally witnessed and can be updated easily. It sits alongside your will or trust and is read by your executors or trustees when administering your estate.
The letter provides context and detail that would be inappropriate or impractical to include in the formal legal document itself.
The relationship with your will
Your will is a legal document that must follow specific rules to be valid. It sets out who inherits what and appoints executors and trustees. However, a will cannot cover every detail, and including too much personal explanation can make it unwieldy.
A letter of wishes complements your will by:
- Explaining why you have made certain decisions
- Providing detailed guidance on distributing personal items
- Recording your funeral wishes
- Giving context about family relationships or circumstances
- Guiding trustees on how to exercise their discretion
Common contents of a letter of wishes
Letters of wishes can cover many topics. Common inclusions are:
Personal items and chattels
Many people have collections of personal items that need to be distributed. Rather than listing every item in your will, a letter of wishes can specify who should receive particular pieces of jewellery, furniture, artwork, or sentimental items.
Funeral wishes
Your preferences for burial or cremation, the type of service, music, readings, and any other arrangements can be recorded in a letter of wishes. While not legally binding, most families try to honour these wishes.
Reasons for decisions
If you have excluded someone or left unequal shares, explaining your reasons can help prevent misunderstandings and may be relevant if the will is challenged. This is particularly important in complex family situations.
Guidance for guardians
If you have appointed guardians for your children, a letter of wishes can provide guidance on your values, your hopes for your children's education, religious upbringing, and any other matters you consider important.
Guidance for trustees
If your will creates trusts, trustees have discretion about how to manage and distribute assets. A letter of wishes can guide them on how you would like them to exercise that discretion, for example when to release capital to beneficiaries.
Legal status
A letter of wishes is not legally binding. Executors and trustees should give serious consideration to its contents but are not obliged to follow every instruction. The legal documents (your will and any trusts) take precedence.
However, trustees and executors who ignore a letter of wishes entirely may face questions from beneficiaries. In practice, most follow the guidance closely unless there are good reasons not to.
Best practices
To make your letter of wishes as effective as possible:
- Be clear and specific: Vague wishes are harder to interpret
- Date the letter: So executors know it reflects your current thinking
- Store it safely: Keep it with your will or tell your executors where to find it
- Review regularly: Update it when circumstances change
- Avoid contradicting your will: If there is conflict, the will takes precedence
- Keep copies: Consider giving copies to your executors or will writer
Updating your letter of wishes
One advantage of a letter of wishes is that it can be updated easily without the formality of amending your will. You can write a new letter at any time, clearly dated, and destroy the old version.
Many families across Kent, including in Tonbridge and Sevenoaks, find it helpful to review their letter of wishes alongside their will every few years.
Key takeaways
A letter of wishes is a valuable supplement to your will, providing guidance that helps your executors and trustees understand your intentions. While not legally binding, it carries significant weight and can help prevent misunderstandings and disputes. Writing a clear, well-considered letter of wishes is a worthwhile part of your estate planning.
Frequently Asked Questions
What is a letter of wishes?
A letter of wishes is a document that accompanies your will or trust, providing additional guidance to your executors or trustees. It is not legally binding but helps explain your thinking and wishes in more detail than the formal legal document.
Is a letter of wishes legally binding?
No, a letter of wishes is not legally binding. Executors and trustees should consider it carefully but are not obliged to follow it. However, it carries significant moral weight and helps guide decision-making.
What should I include in a letter of wishes?
Common contents include guidance on distributing personal items, funeral wishes, reasons for decisions in your will, information about guardianship preferences, and any other practical information that would help your executors.
How often should I update my letter of wishes?
Review your letter of wishes whenever you update your will or when circumstances change significantly. Unlike a will, it does not need to be formally witnessed, making it easier to amend as needed.
Where should I keep my letter of wishes?
Keep your letter of wishes with your will or with your executors. Let them know it exists and where to find it. Some people also give copies to family members or store them with their will writer.