Why Do I Need a Letter of Wishes?
A Letter of Wishes is an important part of an estate plan, yet it doesn't get nearly as much airtime as a Will. More dramatic Letter of Wishes reveals in movies, please.
Your Will and your Letter of Wishes are two different documents with two different purposes.
Your Will is the formal legal document. It sets out how your estate is to be dealt with and nominates people you trust to important roles, such as your executor, trustee, and, where appropriate, a testamentary guardian.
Your Letter of Wishes is where you can add the human side of your estate plan.
It's a place for your thoughts, stories, guidance, values, and preferences. The things that may not belong in a formal legal document, but could still be incredibly valuable to the people you leave behind.
What is a Letter of Wishes?
A Letter of Wishes is a document you can use to provide guidance to the people involved in your estate plan.
It can help your executor, trustee, testamentary guardian, or other loved ones understand what matters to you and why you made certain decisions.
Unlike a Will, a Letter of Wishes is generally not the document that legally gives someone authority or directs how your estate must be distributed. Its role is to provide guidance and context alongside your legal documents.
The weight given to a Letter of Wishes can depend on its contents, who it is addressed to, and the circumstances in which it is being considered. Legal advice is important to make sure the things you want to be legally binding are dealt with in the right document.
What can you include in a Letter of Wishes?
There is a lot of flexibility in what you can include. Your Letter of Wishes can reflect your family, your priorities, and the things you want your loved ones to know.
Some examples include:
Parenting guidance
If you have children, you might want to leave guidance for the people caring for them.
This could include information about:
how to best comfort or soothe your children;
their interests and favourite activities;
allergies or other practical information;
education preferences;
important family traditions and relationships; and
your hopes for their upbringing.
Guidance about your pets
You can leave practical information about your pets, such as their routines, food, exercise, medications, quirks, and the things that make them feel safe and happy.
Funeral and farewell wishes
You may want to record your preferences about your funeral, memorial, or other farewell.
That could include the music you would like played, photographs you would like shared, people you would like involved, or the type of gathering that feels right for you.
Some people also use their Letter of Wishes to explain why these things matter to them.
Letters of love
This is one of the most personal parts of a Letter of Wishes.
You might write letters to your children, partner, family, or friends. You could share memories, life stories, inside jokes, advice, gratitude, forgiveness, hopes for their future, or simply tell them how much you love them.
These aren't legal instructions. They're your voice, captured for the people you care about.
Financial guidance
Depending on your circumstances, you may want to leave guidance for the people managing assets or an inheritance.
For example, you might explain your approach to managing investments, debts, or family assets, or provide context about decisions you have made in your estate plan.
If you want to create legally binding obligations or restrictions, those need to be considered carefully and included in the appropriate legal documents.
Why is a Letter of Wishes useful?
The people responsible for carrying out your estate plan may one day be making decisions without you there to explain what you wanted.
Your legal documents can give them the authority and structure they need. Your Letter of Wishes can give them context.
It can help answer questions such as:
What was important to you?
Why did you make certain decisions?
What would you want considered when caring for your children or pets?
What guidance would you want to leave for the person managing an inheritance?
What do you want your loved ones to remember?
For many people, that guidance can be just as valuable as the legal documents themselves.
Your estate plan is about more than paperwork
Your Will deals with important legal questions. Your Enduring Power of Attorney helps plan for decision-making during your lifetime if you lose capacity. Other documents may address your health care wishes, superannuation, insurance, trusts, or other parts of your affairs.
A Letter of Wishes gives you space for the things that don't fit neatly into those documents.
There is no single formula for what yours should include. It can be practical, emotional, detailed, simple, funny, serious, or a mixture of all of those things.
The important thing is that it reflects you.
A few things to keep in mind
A Letter of Wishes should work alongside your estate plan, not contradict it.
It's also worth reviewing it from time to time. Your children's interests change, pets get older, relationships evolve, and your thoughts about what matters may change too.
Keeping your Letter of Wishes with your other estate planning documents, and making sure the right people know it exists, can also help ensure it is found when it is needed.
If you want certain wishes to be legally binding, make sure you get advice about the right way to record them. A Letter of Wishes cannot always do the legal job of a Will, testamentary trust, Enduring Power of Attorney, or other formal document.
Your chance to leave more than assets
An estate plan can deal with what happens to your assets.
A Letter of Wishes can help you leave behind something more personal. Your stories. Your guidance. Your values. The small things your loved ones might otherwise never know.
It can be a practical document, a source of comfort, and a lasting connection to the people you love.
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.