Most of us don’t want to talk about death with our loved ones. We may even think there is nothing to discuss because we don’t have any valuable possessions or assets, but clear instructions and guidance for your executors to follow when the time comes will be invaluable by itself.
Whilst your Will is the most obvious place to include such instructions, your farewell wishes aren’t always just about who gets what. You may wish to provide some background as to why you made these decisions or explain what should happen in different scenarios.
This article will discuss how to make a letter of wishes, what they should include, and why they can be so helpful.
What is a letter of wishes?
A Letter of Wishes is an accompanying document to your Will, but it is not legally binding. The purpose of a Letter of Wishes is to provide guidance to your executors as to how your estate should be managed and how to manage any trusts that have been set up by your Will.
A huge benefit of the Letter of Wishes is that it is completely personal to you, and it can be updated at any time, without the need to update your Will. There is no need for a Letter of Wishes to be witnessed or for it to be set up in any formal way. It is however, imperative that your Letter of Wishes does not contain any instructions that contradict anything in your Will and that they align accordingly to avoid any misunderstandings or confusion, so it may still be helpful for a solicitor to review both documents for you.
What to include in a letter of wishes
Whilst typically the Letter of Wishes provides guidance regarding your finances, it can also cover practical and personal matters such as:
- Details of who has agreed to look after any pets
- If you have young children and have appointed guardians in your Will, you could express your desire for your child to attend a particular school or grow up in a particular area close to other relatives
- Specific items that you wish to gift but you do not want to be legally binding, e.g. photo albums or sentimental family heirlooms.
- Preferences for your funeral, from whether you would prefer to be buried or cremated, down to the smaller details such as your favourite flowers or songs you would like to be played.
- Reasoning for why you have drafted your Will the way that you have. Perhaps you have excluded a family member and want to take the opportunity to express your feelings, or you have made large gifts during your lifetime and want to balance them out on your death.
How to write a letter of wishes
Whilst we have explained that a Letter of Wishes is an informal document and there is no set legal way to prepare it, it is wise to prepare and structure the document clearly to help your executors understand your wishes the best they can.
You should start off by addressing the Letter of Wishes to the executors (and trustees if have appointed different people to manage any trusts) of your Will. Your executors are the people who are responsible for administering your estate and carrying out your wishes so they need to know that this letter is directed to them. You can explain that you have prepared this letter to provide them with further guidance.
Structure your letter with key requests
We recommend that you divide your Letter of Wishes into paragraphs with sub-headings, so the guidance is as clear as possible. For example, common sub-headings could be:
- Funeral wishes
- Personal belongings
- Guidance for the guardians of my children
Sign, store and regularly review
The Letter of Wishes does not have any formal legal requirements, but we do recommend that you sign and date your letter so it is clear that it is the most up to date version to ensure your executors follow your most current wishes.
Likewise, it is also important to review your wishes regularly to make sure that you don’t want to make any changes. This is particularly the case when there have been any changes to your family life, or your assets have significantly increased or decreased in value or quantity.
The Letter of Wishes should be stored alongside your original Will so your executors can easily find it and we would encourage you to tell your executors in advance that you have made it.
Can a letter of wishes be challenged?
Unlike a Will can be contested, as the Letter of Wishes is not a formal legal document, it cannot be contested in the same way that a Will can. However, there is the possibility that disputes may still arise if your executors follow your wishes and the disgruntled beneficiaries believe the letter appears to show coercion, undue influence or contradicts a legally binding contract.
This is particularly the case where the Will has provided the executors and trustees with discretionary powers to distribute assets (e.g. a Discretionary Trust), and the Letter of Wishes is the main tool to help guide them.
As a result, it is imperative that the Letter of Wishes is clear, reasonable and aligns with the Will and your personal circumstances. And, most importantly, it is up to date. Whilst Letter of Wishes’ do not have the same legal standing as Wills in a court, they are still proof and evidence as to your intentions and your capacity at the time.
Does a solicitor have to write a letter of wishes?
The Letter of Wishes can be, and often should be, written in your own words. They should be simple for your executors to follow and use jargon-free English. However, solicitors are well-versed with writing Wills and administering trusts so will be able to provide extra guidance if needed to ensure that your wishes are not ambiguous and to avoid any potential conflicts.
At Goughs, our solicitors can offer expert advice in drafting a Letter of Wishes to complement your Will, and can offer peace of mind to ensure your wishes are properly documented. If you would like our assistance, please get in contact with us today to speak to a solicitor or advisor.
