An Example of a Letter of Wishes

AuthorJames Normington
Pages157-161
A3 An Example of a Letter
of Wishes
A letter of wishes is an indication of an individual’s wishes, set out in clear,
plain English. It is not a legally binding document. It can be prepared by
a lay person or a legally qualified individual as circumstances permit.
The format of the example letter of wishes set out below does not need to
be applied religiously and can be adapted as needed. Suggested headings
are in bold.
Letter of wishes1
When used in relation to a last will and testament, the following
introductory paragraph should be used:
I make this letter in reference to my Last Will and Testament
dated the [insert date] and wish, without imposing any legal
obligation on you my Executors and Trustees, that you act
on it accordingly.
When used in relation to a trust, including any testamentary trust, the
following should be used:
I make this letter in reference to my Trust dated the [insert
date] which confers discretionary powers on you as my
Trustees. I appreciate that I cannot fetter your discretion or
determine the way in which you exercise your powers. In
the hope that this may be of help to you in exercising your
discretionary powers, but without imposing any binding
legal or equitable obligations on you or seeking to prevent
you from acting as you think best in light of changing
circumstances, I would ask you to have regard to my wishes
expressed below.
1 Also known as a memorandum of wishes when used in relation to a testamentary
trust.

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