Letter of Wishes Form

What is the Letter Of Wishes

A Letter of Wishes is a non-binding document that provides guidance to executors, trustees, or guardians regarding the intentions of the person creating the letter. While it does not hold the same legal weight as a will or trust, it serves as a useful tool for expressing personal preferences about the distribution of assets, care of dependents, or other important matters. This document can be particularly valuable in ensuring that the creator's wishes are understood and respected, even if they are not legally enforceable.

How to use the Letter Of Wishes

The Letter of Wishes can be used in various contexts, primarily in estate planning. It is often attached to a will or trust to provide additional context for the decisions made in those documents. Individuals can use it to outline specific desires, such as the distribution of personal items, preferences for guardianship of children, or instructions for funeral arrangements. By clearly articulating these wishes, the creator can help reduce potential conflicts among family members and ensure that their intentions are honored.

Key elements of the Letter Of Wishes

When drafting a Letter of Wishes, several key elements should be included to ensure clarity and comprehensiveness:

• Personal Information: Include your full name, address, and date of birth for identification purposes.
• Specific Wishes: Clearly articulate your preferences regarding asset distribution, guardianship, and other personal matters.
• Executor or Trustee Information: Identify the individuals responsible for carrying out your wishes, including their contact information.
• Instructions for Personal Items: Specify any particular items you wish to pass on to specific individuals.
• Funeral Arrangements: Provide guidance on your preferences for funeral services, burial, or cremation.

Steps to complete the Letter Of Wishes

Completing a Letter of Wishes involves several straightforward steps:

1. Reflect on Your Wishes: Take time to consider what you want to include in your letter.
2. Draft the Document: Write your letter, ensuring it is clear and concise.
3. Review and Revise: Go over the letter multiple times to make sure it accurately reflects your intentions.
4. Share with Relevant Parties: Provide copies to your executor, trustee, or any other individuals involved in your estate planning.
5. Update as Necessary: Revisit and revise the letter periodically, especially after significant life changes.

Legal use of the Letter Of Wishes

While a Letter of Wishes is not legally binding, it can still play a significant role in the estate administration process. Courts and executors often consider the letter as a reflection of the deceased's intentions, which can help guide decisions about asset distribution and other matters. It is important to note that the document should not contradict any legal documents, such as a will or trust, to avoid confusion. Consulting with an estate planning attorney can provide additional insights into how to effectively use a Letter of Wishes within the legal framework.

Examples of using the Letter Of Wishes

Examples of how a Letter of Wishes can be utilized include:

• Distribution of Heirlooms: Specifying who should receive family heirlooms or sentimental items.
• Childcare Preferences: Outlining preferences for guardianship of minor children and any specific instructions for their care.
• Charitable Donations: Indicating preferred charities or causes for donations from the estate.
• Funeral Preferences: Detailing wishes regarding the type of service, burial location, and other arrangements.