When you make a Will, you decide what happens to your assets, who will manage your estate, and who you want to benefit from it.
But what about the things that are harder to capture in a legal document? Or simply don’t belong there?
Perhaps you want your children's guardian to understand the values you hope they'll grow up with. Maybe you have specific thoughts about how an inheritance should be managed while your children are young. Or you want the person looking after your estate to understand why certain decisions matter so much to you.
These are the kinds of things a Letter of Wishes can help you communicate.
For many families, it provides a way to record the personal intentions behind their estate plan, giving the people responsible for carrying out those arrangements a better understanding of what matters to them.
So, what is a Letter of Wishes, what can you include, and do you need one as part of your estate plan?
What is a Letter of Wishes?
A Letter of Wishes is a document that records your personal wishes, preferences, explanations, and guidance for the people involved in your estate plan.
It usually accompanies your Will and can provide additional context about how you hope your estate will be administered, how you would like your children to be raised, or how you would like the people managing an inheritance to approach their responsibilities for example.
Unlike your Will, a Letter of Wishes is generally not legally binding. It provides guidance rather than creating enforceable legal obligations. The people receiving it must still act within the powers and duties established by your Will and the relevant law.
Think of it as an opportunity to explain the reasoning behind your decisions or your hopes for how things will be managed in the future, in your own words.
Your Will might appoint your sister to care for your children if you die while they're young. Your Letter of Wishes could explain the values you hope she'll encourage, the importance of maintaining relationships with grandparents and other family members, and what schooling and extracurriculars are important to you.
Your Will might establish a testamentary discretionary trust to manage an inheritance for your children. Your Letter of Wishes could explain your hopes for how the trustee will approach decisions about education, housing, financial independence, and other significant expenses.
The legal arrangements provide the framework. Your Letter of Wishes helps communicate the thinking behind them.
Is a Letter of Wishes legally binding in Queensland?
Generally, no. A Letter of Wishes is intended to provide guidance, rather than impose legally enforceable obligations on your executor, trustee, or children's guardian.
The legal effect of a document depends on its contents and circumstances, so it is important to distinguish between a genuine statement of wishes and a document that might inadvertently attempt to create binding directions.
Your Will and any testamentary trust provisions should establish the legal arrangements you need. A Letter of Wishes can then explain your preferences within that framework.
For example, you might hope that the trustee managing your children's inheritance will help fund university fees, support a first home purchase, and encourage them to develop sound financial habits.
Your Letter of Wishes can explain those intentions. The trustee must still exercise their powers in accordance with the terms of the trust and their legal duties.
The same principle applies to guidance about your children's upbringing. You can explain your hopes and priorities to the person you nominate as guardian, but a Letter of Wishes does not override the law or determine every decision about a child's care.
This distinction is important. If something is essential to your estate plan, it should be addressed in the appropriate legal document with advice from your lawyer.
What can you include in a Letter of Wishes?
There is no single template that suits every family. Your Letter of Wishes should reflect your circumstances, the people involved in your estate plan, and the things you want them to understand.
Here are some areas you might consider.
1. Your wishes for your children's upbringing
If you have young children, a Letter of Wishes can provide valuable guidance to the person you have nominated to care for them.
You might include:
The values you hope to instil in your children, such as kindness, independence, resilience, and respect for others.
Your hopes for their education, extracurricular activities, and opportunities.
The importance of maintaining relationships with grandparents, siblings, extended family, and close family friends.
Cultural traditions, family celebrations, or other practices that are meaningful to your family.
Any routines, interests or considerations that may help your children feel supported during a difficult transition.
Your hopes for how your children will be encouraged to develop their own interests, identities, and independence.
You can also record the little details that make your family yours. The birthday traditions you love, the family holidays you hope will continue, or the importance of making sure each child feels heard and supported.
These details may help the person caring for your children understand the life and family environment you hoped to provide.
Your Will can nominate a person to act as guardian, subject to the applicable law and any relevant court decisions. A Letter of Wishes gives you another way to communicate your hopes for your children's future.
2. How you would like an inheritance managed
Leaving money or other assets to your children is one thing. Explaining your hopes for how that inheritance might support them as they grow is another.
You might want your children to have opportunities to study, travel, buy a home or start a business. You may hope they learn to manage money responsibly while still having the freedom to make their own choices.
A Letter of Wishes can explain these priorities to the person managing their inheritance.
For example, you might write that education, health, housing and experiences that help your children develop are important to you. You might also explain your hope that they will be encouraged to become financially independent.
Where your Will establishes a testamentary discretionary trust, the Letter of Wishes can help communicate your intentions to the trustee when they exercise their discretion.
It is important to understand that the trustee must follow the trust's terms and their legal duties. Your letter should guide their decision-making within that framework, rather than attempt to replace the trust provisions.
3. Guidance for your executor
Your executor is responsible for administering your estate in accordance with your Will and the law.
You may have preferences or background information that could help them carry out that role. A Letter of Wishes can explain the reasons for decisions, identify important family considerations, or provide context about sentimental belongings.
You may also wish to record personal preferences about a funeral or memorial service, although practical arrangements and any binding directions should be considered separately where necessary.
Your executor cannot disregard your Will or their legal obligations because of a preference recorded in your letter. The purpose is to provide useful context and guidance.
4. Your family values and personal intentions
Some of the most meaningful things you want to communicate may not be appropriate to include in a legal document.
You might want your family to understand what you hope your children will remember about their upbringing, or the principles you have tried to live by.
For example, you might explain that you want your children to have opportunities to pursue their interests, that you hope they will support one another, or that you value time together more than material possessions.
You can write in your own voice and include as much personal context as you feel is useful. It does not need to read like a legal document.
Who should consider having a Letter of Wishes?
A Letter of Wishes can be useful for many people. It may be particularly valuable if your estate plan involves decisions that require personal judgment, discretion or an understanding of your family circumstances.
You might consider one if you:
Have young children. You want the person caring for them to understand your hopes for their upbringing, relationships, and future.
Have a testamentary discretionary trust. You want to explain your intentions to the trustee managing assets for your family.
Have a blended family. You want to provide context for your estate-planning decisions and communicate your intentions clearly.
Have a family business or significant assets. You want to explain your priorities and hopes for how your family approaches future decisions, alongside appropriate legal and succession arrangements.
Want to leave more than financial instructions. You want to record personal values, hopes and messages for the people you love.
You do not need to have substantial wealth or a complicated estate to benefit from recording your wishes. The value lies in whether the additional guidance would be useful to the people involved in your estate plan.
Do you need a lawyer to prepare a Letter of Wishes?
A Letter of Wishes is generally not subject to the same execution formalities as a Will, and there is no single prescribed format that everyone must use.
However, it is worth considering the letter alongside your Will and the rest of your estate plan.
The wording needs to be consistent with the legal arrangements you have established. Care is also needed to avoid language that could create confusion about whether you intended a preference to be a binding direction.
For example, if you want a trustee to have discretion over when and how your children receive money, your Will needs to establish the appropriate trust structure. A Letter of Wishes can explain how you hope that discretion will be exercised.
A lawyer can help you identify which intentions belong in your Will or another legal document and which are better recorded as guidance in a Letter of Wishes.
This is particularly important where you have a blended family, a testamentary discretionary trust, substantial assets, or specific arrangements for children.
How do you write a Letter of Wishes?
The best place to start is by thinking about the people who may need your guidance and what you would want them to understand if you were no longer here to explain it yourself.
You could begin with a few simple questions:
What do I most want the people I love to understand about my decisions?
If someone else were raising my children, what would I want them to know about our family?
If someone were managing an inheritance for my children, what would I hope they would consider?
Are there family traditions, relationships or values I would like to explain?
Is there anything about my family circumstances that would help someone understand my intentions?
Write your thoughts in plain English. Use examples where they help explain what you mean and focus on guidance that will remain useful over time.
You do not need to cover every possible situation. A letter that clearly communicates your most important intentions can be more useful than one that attempts to provide instructions for every future decision.
It is also sensible to review your Letter of Wishes when your circumstances change, such as when your children grow older, your family structure changes, or your estate plan is updated.
Keep the letter with your estate-planning documents and make sure the relevant people know how to locate it when needed.
Can you change your Letter of Wishes?
Yes. One of the practical advantages of a Letter of Wishes is that you can generally update it as your circumstances, preferences, and family needs change.
You might want to revise your guidance as your children grow up, your nominated guardian's circumstances change, or your hopes for managing an inheritance develop.
When you update your Will or testamentary trust arrangements, review your Letter of Wishes at the same time. Check that it remains consistent with your legal documents and reflects your current intentions.
If you want to change a legally binding arrangement, updating your Letter of Wishes alone will not be enough. You may need to amend your Will or another relevant legal document with appropriate advice.
Is a Letter of Wishes the same as a Letter of Love?
No. They can complement one another, but they serve different purposes.
A Letter of Wishes generally focuses on guidance for the people responsible for administering your estate, managing an inheritance or caring for your children.
A Letter of Love is a more personal way to communicate your feelings, memories, stories, hopes and messages to the people who matter to you.
For example, your Letter of Wishes might explain the importance of maintaining your children's relationships with their extended family. A Letter of Love might tell your children what you admire about each of them, share a favourite family memory, or describe the things you hope they always remember about being loved.
You may choose to prepare both. One helps communicate your intentions to the people carrying out your estate plan, while the other preserves personal messages for the people you love.
Do you need a Letter of Wishes as part of your estate plan?
A Letter of Wishes is not essential for everyone. Its usefulness depends on your family, your assets, your estate-planning arrangements, and the guidance you want to leave behind.
If you have young children, a testamentary discretionary trust, or family circumstances that would benefit from additional explanation, it is worth considering.
Your Will and other estate-planning documents should establish the legal arrangements. A Letter of Wishes can help communicate the intentions, values and personal considerations behind those decisions.
At Sun Wills & Estates, estate planning is about understanding what matters to you and putting the right arrangements in place for your family. That includes considering the legal documents you need and how you can communicate your intentions in a way that is meaningful and useful to the people you leave behind.
Our Will Value Packages include an Estate Workbook with prompts to help you record your life story, reflect on what matters to you, and write letters of love for the people closest to you.
If you are preparing your Will or reviewing your existing estate plan, we can help you consider whether a Letter of Wishes would be useful for your circumstances.
Explore estate planning with Sun Wills & Estates to learn more about creating a plan that reflects your family, your priorities and your wishes for the future.
Frequently asked questions about Letters of Wishes
Is a Letter of Wishes legally binding in Australia?
Generally, no. A Letter of Wishes is usually intended to provide guidance to an executor, trustee or other relevant person. It does not generally impose legally enforceable obligations. Its effect depends on the document's wording and circumstances, so obtain legal advice if you are unsure how it may be interpreted.
Should a Letter of Wishes be attached to a Will?
It can be stored with your Will and other estate-planning documents, but it does not generally need to be incorporated into or attached to the Will to serve its intended purpose. The important thing is that the relevant people can locate it and understand its role.
Caution and care should be taken with your Will to ensure you do not damage it. Attaching another document to your Will can also cause confusion about whether that document was intended to form part of your Will which can create issues after death.
Can a Letter of Wishes tell my children's guardian how to raise them?
It can communicate your hopes and preferences about your children's upbringing, education, relationships and family traditions. It does not give you control over every future parenting decision or override the law. Your choice of guardian and the legal arrangements for your children should be addressed as part of your estate plan.
What should a Letter of Wishes include?
Each person’s Letter of Wishes is unique and depends on their family circumstances and priorities. It can include guidance about your children's upbringing, the management of an inheritance, your intentions for a testamentary trust, personal belongings, family relationships and the reasoning behind your estate-planning decisions. The content should reflect your circumstances and remain consistent with your legal documents.
Can I write my own Letter of Wishes?
You can generally write your own Letter of Wishes in plain English, however we recommend you seek legal advice on a Letter of Wishes as part of your overall estate plan. Legal advice can help ensure it is consistent with your Will and trust arrangements, and that your preferences are expressed clearly without inadvertently creating confusion about your intentions.
How often should I update a Letter of Wishes?
Review it whenever your family circumstances, priorities or estate plan change. It is also sensible to revisit it periodically alongside your Will to ensure it still reflects your current intentions.
What is the difference between a Letter of Wishes and a Will?
A Will is a legal document that sets out how your estate is to be administered and distributed, including any testamentary trust arrangements. A Letter of Wishes generally provides additional personal guidance and context. It does not replace the legal provisions in your Will.
Is a Letter of Wishes useful if I have a testamentary discretionary trust?
It can be particularly useful. It allows you to explain your intentions for the trust and the considerations you hope the trustee will take into account when exercising their discretion. The trustee must still comply with the trust terms and their legal duties.
The information in this article is provided for general information and educational purposes only. It is not legal advice and should not be relied upon as a substitute for advice about your individual circumstances.
Estate planning and succession laws can be complex and may vary depending on your circumstances. The information in this article is current as at the date of publication and may change over time.
If you need advice about your own circumstances, you should obtain independent legal advice from a qualified lawyer.