The Importance of Letter of Wishes in Wills and Estate Administration

A Letter of Wishes can: 

• Provide guidance on difficult or sensitive matters that require discretion.
• Request Executors or Trustees to exercise their powers in a certain way. 
• Prevent disputes among beneficiaries by clearly explaining the reasoning behind gifts in the Will. 
• Offer a detailed breakdown for the distribution of personal possessions. 
• Guide Trustees on administering a Trust Fund.
• Suggest ways to achieve potential tax planning, if appropriate. 
• Provide instructions to guardians appointed to care for minor children.

Unlike a Will, a Letter of Wishes does not become a public document once the Probate Registry issues a Grant of Representation.  It remains confidential and can be easily updated to reflect any changes in circumstances.  

Although not legally enforceable, a Letter of Wishes creates a strong moral obligation for Executors and Trustees to follow the deceased's wishes as closely as possible. 

A Letter of Wishes can include sentiments and personal messages that the testator might not want to include in a formal Will. 

A Letter of Wishes does not need to be signed and witnessed like a Will, making it less formal and easier to understand for those who will read it.  It is important that the Letter of Wishes complements the Will and does not conflict with it in any way.  Regularly reviewing and updating the Letter of Wishes ensures it reflects any changes in circumstances or relationships.