Have you ever wondered how to explain the thinking behind your Will, or give guidance that does not fit neatly into a legal document? A letter of wishes may help. This guide explains what a letter of wishes is, its legal status, what to include, and how to write your letter of wishes alongside your Will.
What is a letter of wishes?
A letter of wishes is a document you keep with your Will. It gives guidance to your executors, trustees or guardians. Unlike your Will, it is not legally binding. However, it gives you space to explain your wishes in your own words.
A Will usually becomes a public document once a grant of probate is issued. In contrast, a letter of wishes is not normally published, so it is generally private. However, in some cases, such as disputes about trusts, a court may order it to be shown to beneficiaries. So, it is wise to write it on the basis that it could one day be read by others.
Why write a letter of wishes?
It can be useful in several ways. For example, it can:
- explain the reasons behind decisions in your Will
- give guidance to guardians about how you would like your children brought up
- say who you would like to have particular personal items or heirlooms
- record your funeral wishes
- guide trustees on how to use their discretion, for example under a Discretionary Trust
- list where important documents and accounts can be found
The legal status of a letter of wishes
This kind of document is not legally binding. Your executors and trustees do not have to follow it. However, it often carries real weight, because it shows clearly what you wanted. As a result, many executors and trustees will try to follow it, as long as it fits with the Will and their legal duties.
Because it is not a formal legal document, it also has some practical advantages.
Guidance for executors and trustees: it helps them understand your intentions when they have choices to make.
Flexibility: you can update it without the formalities needed to change a Will. Simply sign and date a new version and replace the old one.
Explaining decisions: it can give context, which may reduce misunderstandings between family members.
Changing circumstances: it can deal with matters that may change over time, such as children growing up.
A personal touch: it lets you express values and thoughts that do not belong in a Will.
What not to put in a letter of wishes
Because it is not binding, a letter of wishes should not be used for anything you need to be legally effective. For example, gifts of money or property belong in your Will. Also, avoid wording that contradicts your Will, because this can cause confusion. If your wishes change significantly, you may need to update your Will as well.
How we help you write your letter of wishes
At A.D.E. Wills, a letter of wishes is an optional extra alongside a Will we write for you. We only prepare one with a Will written by A.D.E. Wills. Our process is simple:
- First conversation: when we discuss your Will, we talk about whether a letter of wishes would genuinely help in your circumstances.
- Guidance: Edward explains what to include and how to express your wishes clearly.
- Drafting: we draft your letter of wishes so it fits with your Will.
- Review: you can review the draft and ask for changes until you are happy with it.
A letter of wishes is a fixed fee, added to your Will. You can see the price on our Wills Pricing page.
Keeping your letter of wishes safe
Keep it with your Will, and tell your executors where it is. If we store your Will under our Safe Will Plan, we can store the letter with it. You can read more on our Will storage page.
Ready to get started?
Your Will deals with the legal side, while your letter of wishes helps explain it. If you would like to add a letter of wishes to a new Will, call 01865 507174 or email info@adewills.co.uk. You can also read more about our Wills, or GOV.UK’s guidance on making a Will.
