Letter of Wishes – What is it and Should I Consider Writing One?

When taking the decision to make a Will, a key consideration for many people is ensuring that their wishes after death are outlined clearly and concisely. However, including a lengthy list of matters to be addressed within the Will itself can sometimes make the document cumbersome and difficult to interpret, therefore you may want to consider preparing a Letter of Wishes in addition to your Will.

A Letter of Wishes essentially does what it says on the tin, it allows you to write a letter to your loved ones outlining in your own words how you wish for certain matters to be dealt with. This might include the following.

Funeral Arrangements

A Letter of Wishes can address all manner of things and one of the most common uses is for funeral preferences. For example, if you feel passionately about the type of music you wish to be played, the dress code, the place of your funeral, or any specific wishes regarding a wake/event afterwards. Noting these details within a Letter of Wishes will ensure that your voice is heard following your death and provides directions to your loved ones as to how you would like your funeral to proceed.

Guardianship

Another example where a Letter of Wishes can be beneficial is when your Will makes arrangements for children under the age of 18. Whilst the Will itself can address who shall have guardianship over your children, it cannot necessarily provide more nuanced details such as how you would like your children to be raised, any schooling arrangements you would like to be put in place, or specific matters such as religious upbringing or where you would like them to live. For the appointed guardian a Letter of Wishes can offer extremely helpful guidance regarding the future care of your children.

Personal Belongings

A further use for a Letter of Wishes can be to address how your personal belongings are distributed. It is common for people to have a lot of different items that they would like to give to various loved ones and this list of items will likely change throughout a person’s life. The benefit of including your personal belongings in a Letter of Wishes is that should there be any changes to the number of items, or the individuals you wish to gift these items to, you can re-draft your Letter of Wishes as many times as required, without needing to update your Will and incurring the associated legal costs.

Further Points to Consider

It is important to note that a Letter of Wishes is not legally binding, however, adding additional information behind some of the more discretionary points in your Will, such as the upbringing of children, provides the relevant individual with clear direction as to what your wishes are, rather than feeling that they are guessing or assuming what you would have wanted.

This sentiment also applies to the executor(s) of your Will who have the responsibility of administering your estate. Having a letter in your own words can assist the executor(s) again to ensure that how they are administering your estate not only reflects your Will but also any additional reasoning or justification you have included within your Letter of Wishes which can be particularly useful if they feel their decisions are being questioned by other loved ones.

You can keep a copy of the letter in a safe place and inform your loved ones where it is located, or alternatively you can choose to keep a copy with your Will and replace the letter if required.

Conclusion

There may be many reasons you might consider writing a Letter of Wishes to accompany your Will. Whether it be to address your funeral arrangements, the upbringing of your child(ren), or other matters where your executors have the discretion to make decisions and you want to provide them with guidance. For further advice on making a Will and discussing whether a Letter of Wishes may be right for you, please contact one of our expert Wills and Probate lawyers today on 0800 470 0331