A Letter of Wishes is a confidential and non-binding document that should be read in conjunction with your Will. The aim of a Letter of Wishes is not to replace your Will, but to guide your Executors in the administration of your estate and help them to ensure that your wishes are followed.
When do I need to write a Letter of Wishes?
Common circumstances that can give rise to a Letter of Wishes include: –
- Any specific funeral wishes – you can list your preferences from whether you would like to be buried or cremated, to the smaller details of your favourite flowers
- Sentimental and personal effects – you can identity certain belongings or family heirlooms and express who you would like to inherit them
- Will exclusions – where you are not making provision for an entitled family member, we always recommend writing a Letter of Wishes explaining why you arrived at that decision. This can shed light on your intention in the event that they are able to bring a claim against your estate
- Guardianship arrangements – you can name the individual(s) that you would like to care for your minor children. You can also give guidance as to how you would like your children to be raised (i.e. religion, education)
- Pet arrangements – you can express where/who you would like your animals to go to when you die.
Further to the above, a Letter of Wishes is particularly useful if you have created a Trust in your lifetime, or after your death, in your Will. Whilst the Trust Instrument will set out the legal terms of the Trust, a Letter of Wishes can provide your Trustees with additional guidance as to how they should manage the Trust. This can include, for example, direction as to when/why they should appoint assets out of the Trust, and to whom.
Is a Letter of Wishes legally binding?
A Letter of Wishes is not a legally binding document, and your Executors and Trustees do not have to abide by your expressed wishes. However, when you are appointing your Executors and Trustees, we always suggest that you appoint people that you trust to administer your estate in accordance with your wishes.
What are the benefits of a Letter of Wishes?
One benefit is that there is no requirement for the letter to be legally witnessed. Whilst it should always be signed and dated, there is no specific way to draft a Letter of Wishes. Due to the personal nature of a Letter of Wishes, it should be written in your own words, as opposed to the legal writing featured in a Will. This means that your Letter of Wishes can be reviewed and amended at any time you think may be relevant (i.e. after a marriage or civil partnership, or alternatively a divorce). This differs to the amendment process of a Will.
Where should my Letter of Wishes be stored?
As a Letter of Wishes is drafted to guide your Executors and Trustees, it should be stored alongside your Will so that they can easily find it when they come to administer your estate. We would also suggest speaking to your Executors about your wishes beforehand so that they know your Letter of Wishes exists and have some idea as to the contents.
How Can We Help?
Here at Johnson Astills our solicitors would talk to you about your wishes and reasons for those wishes when preparing a Will or Letter of Wishes for you – they would then advise you on the best way for your wishes to be reflected upon your death.
Making a Will ensures that your estate will pass in accordance with your wishes. Here at Johnson Astills, we can provide our clients with legal advice to help ensure that our clients’ estates are dealt with in accordance with their wishes – whether this is through drafting Wills for them, updating an existing Will with a Codicil, or preparing a side Letter of Wishes to be stored alongside their Will. Please feel free to call our expert solicitors at Johnson Astills who would be pleased to assist you with this. Please call our Leicester Office (0116 255 4855) or our Loughborough Office (01509 610 312), or fill in our free online enquiry form, and one of our friendly team members will be in touch.
