What is a letter of wishes?
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A letter of wishes is an informal, non-binding note that sits alongside your Will to guide your executors or trustees — for example explaining how you'd like a trust used, who should receive sentimental items, or your wishes for children's upbringing. Unlike the Will it is private and not legally binding, which makes it easy to update as circumstances change.
Detailed explanation
It adds context and flexibility without the formality of the Will itself.
- Guides trustees exercising discretion (e.g. in a discretionary trust).
- Records wishes for personal possessions and funeral preferences.
- Explains reasoning — useful where you've treated beneficiaries unequally.
- Not binding, so it never overrides the Will; keep them consistent.
Alongside her Will, Helen writes a letter of wishes asking that her discretionary trust prioritise her disabled son's needs and that her engagement ring goes to her niece. Her trustees follow this guidance, though they retain the final say.
Writing and keeping your letter of wishes
There is no set form, but a few habits make a letter of wishes far more useful to the people who will read it.
- Sign and date it. It doesn't need witnesses, but a date shows which version is the latest.
- Don't make your Will depend on it. If your Will says something like “as set out in my letter of wishes”, the letter could be treated as part of the Will and become public at probate. Keep anything binding in the Will itself.
- Write in plain words. Explain the reasons behind your wishes as well as the wishes themselves. Trustees find the “why” most helpful when circumstances change.
- Keep it with your Will. Store it alongside the original (not stapled to it) and tell your executors it exists.
- Review it. Because it is informal you can rewrite it at any time. Destroy old versions so there is no confusion.
Remember that a letter of wishes can't move money the Will doesn't control. Pension death benefits are guided by a separate expression of wishes given to the scheme.
- Complete the questionnaireA few guided questions about you, your family and your wishes.
- Structured reviewYour answers are checked automatically for completeness and consistency before your Will is produced.
- Receive your documentsYour Will and supporting paperwork are produced, ready to print.
- Sign correctlyClear instructions on signing and witnessing so the Will is legally valid.
- Protect your familyYour wishes are recorded and your loved ones are spared the intestacy default.
Sources
- Wills Act 1837, section 9 (valid execution) — legislation.gov.uk
- GOV.UK — Making a Will
- Citizens Advice — Wills
- Reviewed by
- ClearLegacy editorial team
- Last reviewed
- June 2026
- Next review
- December 2026
- Jurisdiction
- England & Wales
Frequently asked questions
What is a letter of wishes?
It is an informal, non-binding note that guides your executors or trustees on how to carry out your Will or a trust. It is private, flexible and easy to update, but does not have the legal force of the Will.
Is a letter of wishes legally binding?
No. A letter of wishes is guidance only. Trustees and executors should take it into account but are not legally bound by it, which is why it must not contradict the Will itself.
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