Letters of Wishes: How They Work With Your Will and Trusts

A letter of wishes is a private, non-binding document that sits alongside your Will or trust and guides your executors and trustees. It does not replace a Will, but it can add important detail about your preferences, your family and the reasons behind your decisions.

In England and Wales, letters of wishes are often used where there are trusts, blended families or more sensitive choices you would rather not set out in the Will itself. Used well, they help the people dealing with your estate to understand what you wanted and to make fair, consistent decisions.

Key points

• A letter of wishes is not legally binding in England and Wales.

• It sits alongside your Will or trust and guides executors and trustees.

• It can explain why you have made certain decisions in your Will.

• It can usually be updated more easily than a Will, but cannot change who legally inherits.

This article explains how letters of wishes work in England and Wales, what you can use them for, and how they fit into your wider estate-planning.

What is a letter of wishes?

A letter of wishes (sometimes called an “article of wishes”) is a separate written document that accompanies your Will or trust and explains how you would like your executors and trustees to exercise their powers.

It is usually:

• Written in plain, everyday language

• Addressed to your executors and/or trustees

• Kept private and stored with your Will or trust documents

• Designed to guide the people dealing with your estate, rather than to give them formal instructions

You can use a letter of wishes to:

• Describe what you would like to happen in different situations

• Explain the background to particular gifts or decisions in your Will

• Give more detail about your family, your values and your priorities

It is particularly helpful where:

• You have a discretionary trust, and trustees need guidance about how to use their discretion

• You have a blended family, with children or stepchildren from different relationships

• You want to explain an unequal division of your estate

• You want to give extra guidance to guardians of your children

• You want to cover personal items or digital assets that are not fully dealt with in the Will itself

Used properly, a letter of wishes makes your formal documents easier to understand and easier to apply in real life.

Is a letter of wishes legally binding in England and Wales?

Guidance, not instructions

A key point is that a letter of wishes is not a formal legal document in the same way that a Will is.

Your executors and trustees should take it seriously and give it careful consideration, but they are not strictly bound to follow it in every detail. Their legal duties come from your Will, any trust document, and the law, rather than from the letter of wishes.

In some cases, a court may look at a letter of wishes as evidence of what you intended, particularly where there is a discretionary trust or a dispute about your estate. However, the letter itself does not change the legal effect of your Will or trust.

Why it still matters

Even though it is not a formal legal document, a well-drafted letter of wishes can be extremely influential:

• It can make it much easier for executors and trustees to know what you would have wanted.

• It can help them make consistent, fair decisions where they have discretion.

• It can reduce the risk of conflict between family members by explaining the reasons behind your choices.

Because the letter is usually private, you can be more open about sensitive issues than you might feel comfortable being in the Will itself.

It is important to remember that you still need a professionally drafted Will as a legal document. The letter of wishes works alongside the Will; it does not replace it.

Letter of wishes vs Will: what’s the difference?

What belongs in your Will

Your Will is the formal legal document that decides:

• Who inherits your estate (your beneficiaries)

• Who will administer your estate (your executors)

• Who will act as guardians for your minor children

• Whether any trusts are set up, and who the trustees are

<p “>A valid Will in England and Wales must follow strict rules about how it is drafted, signed and witnessed. These formalities are there to protect you and reduce the risk of fraud or disputes.

In short, your Will is where the legal decisions are made.

What belongs in a letter of wishes

A letter of wishes is much more flexible. It is not subject to the same formalities, and you can generally update it more easily than a Will.

Common uses include:

Guidance for trustees

• How you would like them to prioritise different beneficiaries
• Situations where you would like extra help given, such as education, setting up a first home, or health needs

Guidance for guardians of children

• Thoughts on schooling, religion or moral values
• Hopes for how you would like your children to be brought up
• Guidance on contact with extended family

Personal items and sentimental possessions

• Suggestions about who might appreciate jewellery, artwork, collections or family heirlooms
• The story or meaning behind particular items

Explaining difficult decisions

• Why one person has been left out of the Will
• Why you have made unequal gifts to children, stepchildren or other relatives
• Why you have chosen to leave a gift to charity

Digital assets

• Guidance on social media accounts, photos and other online content
• Directions about who should be told about your death online, and how

What can you include in a letter of wishes?

There is no fixed format, but a clear, structured letter is easier for executors and trustees to follow.

You might choose to include sections such as:

Your overall aims

A short opening paragraph explaining the main things that matter to you (for example, supporting your children, looking after a vulnerable relative, or continuing charitable giving).

Trust guidance

If you have a discretionary trust, you can explain:

• Which beneficiaries you hope will be prioritised
• Circumstances where you would like extra financial support provided
• Any particular concerns about a beneficiary’s ability to manage money

Children and guardianship

• Your wishes about education, including any particular type of school
• Religious or cultural traditions that are important to you
• Thoughts on where you would like your children to live, if that is realistic

Personal items and heirlooms

• Who you would like to have certain items, especially those with sentimental value
• The history or story attached to key objects, which can be meaningful for the person receiving them

Reasons for unequal or unusual decisions

• An explanation, in calm and non-judgemental language, of why you have not treated everyone equally
• Any background that may help avoid hurt or surprise

Digital life and online presence

• Who should be told about your death on social media
• Whether you would like certain accounts memorialised, closed or passed on
• Where key digital photos and files are stored

How and when should you update a letter of wishes?

One of the advantages of a letter of wishes is that it is usually easier to update than a Will.

You might revisit it when:

• You start or end a significant relationship
• You marry, enter a civil partnership, or divorce
• You have children or grandchildren, or when their needs change
• You sell or buy a business, or your finances change significantly
• Family relationships shift, for example after a fall-out or reconciliation

When you update your letter of wishes, it is sensible to:

• Clearly date the new version
• Make it obvious that it replaces any earlier letters of wishes
• Let your executors or trustees know that you have updated it

However, you should not use a letter of wishes to try to change who inherits what under your Will or trust.

Those changes need to be made in the formal documents themselves. Otherwise there is a risk of confusion and dispute.

Where should you store a letter of wishes?

A letter of wishes only helps if it can be found and read when needed.

It is usually best to:

• Store it with your original Will and any trust documents, in secure storage
• Tell your executors and/or trustees that it exists and where it is kept
• Avoid hiding it in a locked drawer or safe that nobody can access

Many people choose to store their Will and supporting documents with a professional Will-storage provider. This can give you and your family peace of mind that everything is kept safely and can be accessed when required.

Can a letter of wishes be challenged?

Because a letter of wishes is not a formal legal document, it is not “challenged” in the same way that a Will might be. However, it can still play a role in disputes.

For example:

• If there is a dispute about how trustees are exercising their powers, a court may look at the letter of wishes as evidence of what you hoped they would do.
• If the letter contains harsh or discriminatory statements, it may inflame tensions between family members or be criticised by the court.
• If the letter appears to contradict the Will, it can create confusion rather than clarity.

For all these reasons, it is important that a letter of wishes is drafted carefully. Clear, measured wording that supports your Will is far more helpful than emotional or accusatory language.

Getting professional advice can help you:

• Avoid wording that undermines your Will or trust
• Avoid statements that could be perceived as unfair or discriminatory
• Present your reasoning in a way that is more likely to be accepted and followed

How ELM Legal Services can help

A letter of wishes can add warmth, detail and guidance to your estate-planning, but it works best when it is part of a coherent overall plan.

With ELM Legal Services, you can:

• Put a professionally drafted Will in place that reflects your wishes and complies with the law in England and Wales
• Decide whether a trust is appropriate in your circumstances
• Prepare a clear, practical letter of wishes that supports your Will and any trusts
• Arrange safe storage for your Will and supporting documents

If you are thinking about writing or updating your Will, or if you would like to add a letter of wishes to your existing arrangements, our team can help you understand your options and put everything in order.

Contact us today for a free, no obligation chat about how we can help.

Frequently asked questions about letters of wishes

Is a letter of wishes legally binding in England and Wales?

No. A letter of wishes is not a formal legal document in the same way that a Will is. It is guidance for your executors and trustees, who should take it into account when exercising their powers.

Do I still need a Will if I have a letter of wishes?

Yes. A letter of wishes cannot replace a properly drafted and signed Will. Your Will is the document that decides who inherits your estate and who is responsible for dealing with it.

Who should see my letter of wishes?

Usually your executors, trustees and, where appropriate, your professional adviser. It is normally a private document and is not automatically shared with every beneficiary.

Can I change my letter of wishes without changing my Will?

In many cases you can. A letter of wishes can often be updated more easily than a Will.
However, you should not use it to try to change the legal distribution set out in your Will or any trust. If you need to make those changes, you should update the Will or trust itself.

Where should I keep my letter of wishes?

It is best to keep it with your original Will and any trust documents, in secure storage. Make sure your executors or trustees know that it exists and where they can find it when the time comes.