Letter of Wishes: do I need one?

What is a letter of wishes?

Before answering that question, I must emphasise what it is not. A letter of wishes is never a substitute for a Will, nor can it be used as a codicil to amend an existing Will. A Will or a codicil must comply with the formalities set out in Section 9 of the Wills Act 1837 to be legally valid.

Instead, writing a letter of wishes is a way of guiding those administering your estate on how you would like them to exercise discretion whilst still adhering to the terms of your Will. Executors often welcome practical suggestions, guidance and reassurance at such a challenging time.

Of course, as a letter of wishes is not legally binding, your executors can choose to ignore it. However, it is generally felt difficult to ignore the deceased’s wishes completely. But if the letter of wishes and the Will conflict in some respect, the Will always wins.

Remember, anything you do not wish to leave to the discretion of others, for example, who should receive a particular family heirloom, should be dealt with in your Will, not in a letter of wishes.

Letter of wishes template

There is no such thing as a letter of wishes template or any restriction on what it can include. No witnesses or other formalities are required. Indeed, most people tend to write their letter of wishes as they would any other letter.

However, you should ensure you write clearly and unambiguously, avoiding jargon. After all, you will not be around should clarification be required. If you need to explain why you have omitted somebody from the Will, or their inheritance is perhaps not what they might expect, be sensitive and matter-of-fact to help avoid inflaming tensions.

Typical things covered in a letter of wishes are:

• a list of people to be informed of your death and their contact details or where those details can be found;
• details about your funeral and whether you would prefer to be buried or cremated;
• information on how you would like your executors to allocate money, assets or possessions;
• explanations of why you have taken particular steps in your Will, for example, why somebody is omitted;
• anything to do with the future of children under 18 (remember, you can appoint one or more guardians in your Will), such as who they should live with and any wishes concerning their education.

Do I need a letter of wishes?

It is entirely up to you whether you leave a letter of wishes. Some people like to take advantage of the opportunity to offer advice or words of encouragement, highlight potential areas of dispute, or explain the reasons for their decisions. However, it can also allow you to reveal sensitive information you do not wish to become public knowledge. So, although it is advisable to store your letter of wishes with your Will, it never becomes a public document, unlike your final Will.

When should I write a letter of wishes?

You can write one at any time. Many people prefer to do it when they make or update their Will while matters are still fresh in their minds. However, just like a Will, you should periodically review your letter of wishes as your personal and family circumstances change.