Do You Need a Letter of Wishes?

What is a letter of wishes?

A letter of wishes is a confidential document that expresses your personal wishes about how you would like things to be done after your death. Although a letter of wishes is most frequently drafted at the same time as making or updating your Will, it can be created separately at any time.  

The purpose of a letter of wishes is to provide important information that you may prefer to be kept outside of your Will, or can simply offer guidance to executors and trustees to provide general information about how you envision any money being used, information in relation to the family dynamics, or any non-binding suggestions about your own funeral arrangements.

Should you make one?

Whereas the contents of a Will are legally binding, the contents of a letter of wishes are not. Nevertheless, they can be useful in certain circumstances.

A letter of wishes can help executors to make practical early decisions, such as making funeral arrangements. It can also provide reassurance to executors and trustees when making potentially difficult or unpopular decisions and can help them manage family expectations. A letter of wishes can be particularly helpful if your family situation is one which includes, for example, being married more than once, having children from different relationships, or a family business where one child is involved in the day to day running of the business and another is not.

Another use for a letter of wishes is to specify who should inherit certain items that are not of great monetary value but where their sentimental value means that you want to make specific mention of them.  Detailing these items in your Will could make it too lengthy or difficult for the executors to deal with and if you have a change of heart about who should inherit a specific item it can be done without having to amend your Will.

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What else do I need to know?

Because a letter of wishes is not legally binding the executors and trustees are under no legal obligation to distribute items in accordance with the letter.

That said, without a letter of wishes there can be confusion as to why you have made certain decisions in your Will and family members can be left not knowing the reasons for receiving a smaller inheritance than their siblings or even being left out altogether. In these circumstances a letter of wishes can help to prevent disagreements between family members and potentially avoid a challenge to your Will.

A letter of wishes does not replace the need to make a Will. Nor can it prevent a claim being brought against someone’s estate by an excluded beneficiary, so it is not a standalone document. It can, however, be helpful if your Will does not provide for family members as they might expect. It can also provide you with the opportunity to specify who should inherit items of sentimental value to you without having to make a long and complicated Will.

Find out more about other Wills and Probate services on offer at Fraser Dawbarns

• Wills
• Probate and Administration of Estates
• Court of Protection
• Lasting Powers of Attorney
• Powers of Attorney and Deputy Disputes

How To Contact Us:

To contact a member of our team, you can fill in our online enquiry form, email info@fraserdawbarns.com, or call your nearest office below. If you’d like to speak to a member of our team at one of our offices across Norfolk and Cambridgeshire, visit our offices page.

Wisbech: 01945 461456

March: 01354 602880

King’s Lynn: 01553 666600

Ely: 01353 383483
Downham Market: 01366 383171

This article aims to supply general information, but it is not intended to constitute advice. Every effort is made to ensure that the law referred to is correct at the date of publication and to avoid any statement which may mislead. However, no duty of care is assumed to any person and no liability is accepted for any omission or inaccuracy. Always seek advice specific to your own circumstances. Fraser Dawbarns LLP is always happy to provide such advice.