If you have a will, it might not be sufficient to ensure that your wishes are carried out Here's what you need

Including a letter of wishes in your estate planning can offer a special chance to personally advise your loved ones on your last desires for both you and them

We describe how a letter of wishes operates.

Although it can be uncomfortable, making plans for the future is crucial if you want to be in charge of how your estate is eventually inherited by your loved ones and preferred causes. Although a will is the official method, a little-known supplementary document may offer additional assurance that your desires will be appropriately carried out.

According to the 2025 Annual Report from legal software company LEAP Estates, so-called letters of wishes comprise only 4.1 percent of estate planning documents (compared to 52 percent for wills). However, according to Tony Cockayne, a partner in the Michelmores law firm's disputed wills and estates team, it is "increasingly common" for people to prepare them to go with their final testaments in an effort to prevent inheritance disputes.

What is a letter of wishes, and how can you express yourself through writing one?

A letter of wishes: what is it?

A letter of wishes is more of a subtle statement of your preferences for your assets and final decisions than a will, which is a very formal and legally binding document.

Although it is not legally binding, a letter of wishes can give your will significant context and give your executors and trustees personal instructions on how you want your estate to be managed.

According to Cockayne, "a significant distinction from a will is that, while executors and trustees must consider the testator's wishes, the person who wrote the letter of wishes and will is not legally required to follow the letter of wishes."

A letter of wishes is not legally enforceable, so it's crucial that you designate trustees and executors you can rely on to honor your wishes and only deviate from the guidelines in extreme circumstances. According to Cockayne, an example would be if a beneficiary's circumstances significantly changed, possibly as a result of a divorce.

What benefits can one expect from a letter of wish?

A letter of wishes has the benefit of not having the same formal execution requirements as a will, allowing it to be updated or changed at any time. For instance, a letter of wishes does not require witnessing, in contrast to a will.

The contents of the letter should not be revealed without a very good reason, as it is also confidential to the executors and trustees. In contrast, once probate is granted, a will becomes public.

According to Cockayne, "disclosure of a letter of wishes may be appropriate in circumstances such as when there is a dispute concerning the will or the testator's intentions, as it can help to shed light on the testator's wishes."

Although they are frequently used in conjunction with a will, letters of wishes can also be helpful when accompanying trust deeds. "In the context of lifetime discretionary trusts, where trustees have broad discretion in the management of the trust and the distribution of its assets, this is particularly relevant," stated Cockayne.

What is appropriate for a letter of wishes?

Although a letter of wishes cannot address every scenario, it can offer important advice for the trustees and executors to take into account. A non-exhaustive list of possible contents for a letter of wishes is as follows.

One. condolences.

Two. advice regarding personal belongings and animals.

Who should be given certain sentimental or private items (referred to as "personal chattels") and pet care preferences?

#3. recommendations for parents of small children.

For example, whether the trustees should think about supporting the guardian during their appointment with the trust fund. According to Cockayne, "this could entail making funds available if the guardian needed to buy a larger home in which they can all live."

Four. justifications for decisions.

Why some people have received nothing at all or why their portion of an estate is held in trust (instead of being given to them directly).

"This could help limit the scope of any potential claim brought against the estate by unhappy beneficiaries and serve as compelling evidence of your intentions," Cockayne stated. To ensure that it is not missed, it might be worthwhile to include this in a different "letter of intention."

Five. advice for the trustees of a discretionary trust.

No beneficiary of a discretionary trust established by a will is automatically entitled to capital or income. Rather, the trustees have the authority to determine who should receive benefits from the relevant named beneficiaries listed in the will. The beneficiaries' circumstances can be taken into account by trustees thanks to this adaptable arrangement. "

Therefore, you can provide specific instructions in a letter of wishes regarding things like who they would like to benefit, how much, and whether it would be better to benefit a beneficiary in a way other than by outright distribution, according to Cockayne.

You could also state that you want your trustees to follow your advice in order to ensure that the beneficiaries receive their inheritance with the least amount of inheritance tax.

A letter of wishes should not contain anything.

According to Cockayne, you should be aware of the following even though a letter of wishes is flexible and customized to the testator's desires.

First. Steer clear of very detailed instructions.

A letter of wishes should not include any exact or rigid instructions because it is not legally binding. The testator's overall intentions should guide the actions of trustees and executors.

Two. Steer clear of obligations.

Trustees and executors are not meant to be bound by it. Any wording that suggests a duty could be confusing or at odds with the will. It's also crucial to remember that wills that establish discretionary trusts only grant executors and trustees broad discretionary powers. In cases where the will calls for outright gifts, they lack the same degree of discretion and, consequently, the capacity to adhere to a letter of wishes.

Three. Make it clear.

Even though a letter of wishes is more casual than a will, it should still be unambiguous and simple. The letter's usefulness could be hampered and misinterpretation could result from unclear wishes.

Forty. Avoid making predictions about the future.

It shouldn't try to foresee every possible future situation. Beneficiaries frequently experience changes in their circumstances, such as divorce or bankruptcy, and executors and trustees may need to adjust. Therefore, rather than going into great detail, the letter of wishes should concentrate on important instructions.

Five. Avoid being impolite.

Any potentially delicate or upsetting material should be avoided as this could cause needless arguments.

What should be done next?

A letter of wishes can be helpful, especially if you have complicated or specific wishes, even though it doesn't have to be written by a professional. According to Cockayne, "expert advice helps to guarantee clarity, avoid pitfalls, and align the letter of wishes with the Will or trust deed."

To guarantee it is accessible when needed, a letter of wishes should ideally be kept with the will or trust deed. Additionally, this reduces the possibility that it will be lost or forgotten.