What Is a Letter of Wishes? A Helpful Guide for Families
What Is a Letter of Wishes?
A letter of wishes might look official. It often sounds heartfelt and sincere, reflecting someone’s deepest hopes for what should happen after they pass away.
However, despite its emotional weight, it’s not a legally binding document and cannot replace a will.
This is a personal note usually kept alongside a will.
While the will lays out the legal instructions for how someone’s estate should be handled, the letter of wishes offers informal guidance.
It helps executors and trustees understand what the person wanted, especially in areas not covered by the formal will.
What Can a Letter of Wishes Include?
People often use these letters to suggest who should receive sentimental items like family heirlooms or personal gifts.
They might also include thoughts on how a trust should be managed, especially if children or vulnerable relatives are involved.
Some letters express funeral preferences or share moral values that the person hoped would be respected.
Common Misunderstandings About a Letter of Wishes
Problems can arise when people misunderstand the purpose of a letter of wishes.
Sometimes, beneficiaries believe the letter is legally enforceable, which it isn’t. Other times, the letter might contradict the will, leading to confusion or disappointment.
And in some cases, people feel let down if the letter mentions promises that weren’t included in the official will.
How Courts View a Letter of Wishes
Courts may take these letters into account, especially if they help clarify someone’s intentions.
But unless there’s a legal issue with the will itself, such as fraud or undue influence, the letter of wishes won’t override it.
Judges might give the letter “moral weight,” but that’s not the same as legal authority.
Using a Letter of Wishes Wisely
The best way to think about a letter of wishes is as a helpful guide, not a rulebook.
It can offer insight and direction, but it shouldn’t be relied on to make decisions that only a will can legally enforce.
That’s why it’s important to keep both documents aligned and up to date.
Estate Planning with a Will and Letter of Wishes
If you’re planning your estate, make sure your will is clear and legally sound.
Treat your letter of wishes as a thoughtful companion to it, not a replacement.
A well-prepared will, supported by a carefully written letter of wishes, can help avoid confusion and keep peace among loved ones.
If disagreements do arise, our wills, trusts and estates dispute solicitors are here to provide expert support and guidance.
It’s not just about legal documents — it’s about leaving behind understanding, not uncertainty.