Letter of wishes

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A Letter of Wishes is a non-binding document that provides guidance and emotional support to those managing your estate after your passing. It serves as a personal tool to communicate your reasons for distributing your estate as you have, share important information not included in your Will, and offer reflections or words of encouragement for your family to cherish.

Unlike a Will, a Letter of Wishes is not legally binding. It is designed to complement your Will and provide additional context or guidance. While your executors are encouraged to consider your Letter of Wishes, they are not legally obligated to follow its instructions.

If there is a conflict between your Will and your Letter of Wishes, the terms of your Will take precedence, even if the Letter of Wishes was created at a later date.

A Letter of Wishes offers flexibility and a personal touch that a Will cannot. It can be updated at any time without the need for witnesses or legal formalities. This allows you to:

• Use more personal and accessible language.
• Gift specific belongings without the legal complexities of including these directions in your Will.
• Provide context for decisions made in your Will, such as the use of testamentary trusts, and explain their key features.

By creating a Letter of Wishes, you can ensure your decision-makers and loved ones have a clear understanding of your intentions and preferences, even if they are not legally enforceable.

You may wish to include:

• Guidance for Guardians: Directions for the upbringing of minor children, including your preferences for their education, religion, and lifestyle.
• Organ Donation Preferences: Your wishes regarding organ and tissue donation.
• Digital Assets: Instructions for managing your digital assets and social media accounts, including how to access passwords for online accounts, cloud storage, and more.
• Pet Care: Directions regarding the ownership and care of your pets.
• Funeral Arrangements: Specific preferences for your funeral or memorial service.
• Notification List: A list of people to notify upon your passing.
• Trusted Advisors: Contact details for your trusted advisors, such as your solicitor, accountant, or financial planner.

Including these details in your Letter of Wishes ensures your decision-makers and guardians have a clear understanding of your expectations. This is particularly helpful for guardians of minor children, who may be financially competent but less familiar with your family culture and day-to-day routines..