What can be written in a Letter of Wishes?
A Letter of Wishes is part of your family backup plan documents, and its purpose is to provide general guidance to the future Executor or Trustee of a persons estate, following their death.
Read in this article
- A Letter designed to be Helpful, not legally binding
- A Letter of Wishes is usually a private document and not made public like your Will
- Getting your modern estate planning sorted brings peace of mind to everyone involved.
- FAQ's
- If a Letter of Wishes isn't legally binding, what's the real point of having one?
- Can I use my Letter of Wishes to change who gets what from my Will?
- How personal or emotional can I get in this letter? Is there a line I shouldn't cross?
- How often should I update my Letter of Wishes?
- Should my family know about the Letter of Wishes before I pass away?
A Letter designed to be Helpful, not legally binding
This simple non-binding letter is written in plain English and designed to help your Executor manage your affairs better. It can more fully explain your wishes for how various actions are to take place in your estate and provide general information that may not be appropriate to put in the Will that later becomes a public document.
It can more fully explain your wishes for how various actions are to take place in your estate and provide general information that may not be appropriate to put in the Will that later becomes a public document.
Pro Tip: Unlike a Will, a Letter of Wishes is designed to remain private and you can easily update it at any time without the need to amend the formal legal documents (such as a Will or Trust documents).
From a simple list of social media passwords to explaining different food allergies, your young children might have, to more complex matters like how a small business was structured; a letter of wishes can help the reader better understand the background thinking on a range of issues.
A Letter of Wishes is usually a private document and not made public like your Will
While the letter is not legally binding, it can have a strong moral sway with the courts. A letter of wishes is a very personal document and can deal with a wide range of issues including:
- the names of advisers or family friends who assistance should be obtained in relation to financial planning, accounting services, legal advice, insurance brokerage, stockbroking, religious guidance or other matters
- personal assets, particularly those with sentimental value such as jewellery, collector's items, family heirlooms, particular charities or social causes the Willmaker would like the beneficiaries to consider
- the location of important documents such as deeds, title records and financial information
- wishes in relation to assets that the Willmaker may have effectively controlled during their lifetime, but don't form part of their estate (non-estate assets); for example, assets held in family trusts, Superannuation funds or offshore entities
- provide reasoning to the Executor about why a certain beneficiary is not named in a Will
- any wishes or directions as to how infant children should be cared for
- directions in relation to funeral arrangements and burial, and
- any other matters the Willmaker would like their executors or trustees to take into account.
Getting your modern estate planning sorted brings peace of mind to everyone involved.
It means that you can tell your family and friends, 'if something goes wrong, there's a written backup plan in place, it's funded and here are the name and contact details of the person who can help with the process.
Watch our Introduction to Estate Planning video and then contact us here if you'd like to talk about your family backup plan.
FAQ's
Your Letter of Wishes Questions, Answered. Here’s a quick summary of what you need to know about How a Letter of Wishes works, in Modern Estate Planning.
If a Letter of Wishes isn't legally binding, what's the real point of having one?
That’s a question that gets to the heart of the matter. While it’s true your executor isn’t legally compelled to follow your wishes, think of the letter as a powerful moral and ethical guide. In practice, an executor, who is often a trusted family member or friend, will feel a profound sense of duty to honour your intentions. The letter provides clarity where a formal Will Document cannot, preventing disputes by explaining the 'why' behind your decisions. It’s about providing a roadmap of your values to ensure your legacy is managed with understanding and care, not just legal obligation.
Can I use my Letter of Wishes to change who gets what from my Will?
No, and this is a crucial distinction to understand. Your legally binding Will Document is the sole authority for the distribution of your assets. You cannot use a Letter of Wishes to contradict it or make new bequests. For example, if your Will states that your two children inherit equally, you can't write a letter asking your executor to give a larger share to one child. The letter is there to add colour, context, and guidance—perhaps explaining why you’ve left a particular sentimental item to someone—not to alter the fundamental legal instructions of your Will.
How personal or emotional can I get in this letter? Is there a line I shouldn't cross?
You should feel free to be quite personal. In fact, that’s where the letter’s true value lies. It’s your opportunity to speak from the heart in a way that legal documents simply don't allow. You can share stories, explain your values, and express your hopes for your family’s future. The only line to be mindful of is clarity. Avoid creating ambiguity or instructions that could be misinterpreted as a legal directive. The aim is to provide emotional context and guidance, not to create a new set of complex rules for your executor to decipher.
How often should I update my Letter of Wishes?
A good rule of thumb is to review your Letter of Wishes whenever you review your Will Document - perhaps every three to five years, or after a significant life event like the birth of a grandchild or a change in your financial situation. Because it’s not a formal legal document, updating it is simple. You don’t need a lawyer; you can just rewrite it, sign and date the new version, and destroy the old one. This flexibility is one of its greatest strengths, allowing it to evolve with your life and relationships.
Should my family know about the Letter of Wishes before I pass away?
This is a very personal decision. Some people find that sharing the contents of the letter with their family while they are still alive can open the door to one of 'Life's Great Conversations.' It can be an opportunity to explain your reasoning and manage expectations, which can be a remarkable gift. Others prefer to keep it private, allowing the letter to speak for them after they are gone. There is no right or wrong answer, but it is essential that your executor knows the letter exists and where to find it.
Call us today on 1300 137 403 or email us here for a no-obligation private chat about your situation.
Drew Browne is a specialty Financial Risk Advisor working with Small Business Owners & their Families, Dual Income Professional Couples, and diverse families. He's an award-winning writer, speaker, financial adviser and business strategy mentor. His business Sapience Financial Group is committed to using business solutions for good in the community. In 2015 he was certified as a B Corp., and in 2017 was recognised in the inaugural Australian National Businesses of Tomorrow Awards. Today he advises Small Business Owners and their families, on how to protect themselves, from their businesses. He writes for successful Small Business Owners and Industry publications. You can read his Modern Small Business Leadership Blog here. You can connect with him on LinkedIn. Any information provided is general advice only and we have not considered your personal circumstances. Before making any decision on the basis of this advice you should consider if the advice is appropriate for you based on your particular circumstance.
