People often question how they should go about setting out their wishes for gifts once they pass away, or how they can ensure their funeral arrangements are exactly as they hope. They also wonder whether they should explain their decisions so that loved ones understand the reasons - especially when someone is writing a will for the very first time, or if they want to make provision for something that could be considered somewhat out of the ordinary.

It’s important to remember that for a will to be legally binding, it has to be written with specific legal terminology. This means there is little room for creativity or personality to shine through when writing the actual will.

To accompany the will, many people choose to write a letter of wishes, which can be far more personable and is a perfect way to express the reasons you came to your decisions. A letter of wishes isn’t legally binding, but it can re-enforce your wishes and place a moral obligation on those involved in your will to follow the guidance you have set out, while also giving them some further understanding on your line of thought.

Read: What is the best method of writing a will?

When do people write a letter of wishes?

People choose to write a letter of wishes to leave with their will for many different reasons, but some of the most common uses include:

To ensure gifts are received by the right beneficiaries

Leaving personal belongings to certain beneficiaries is one of the most common reasons a letter of wishes is uses. People often do this, so they don’t have to include specific gifts in the will, though it is important to refer to the separate letter of wishes within the will. The beneficiaries won’t be legally entitled to them, but the executors of the will should ensure the correct people that you’ve outlined receive them unless that is a very good reason for your wishes to not be honoured. Highlighting where you would like gifts to be distributed through a letter of wishes can be useful as it prevents complicated legal issues arising such as if the item is no longer in your possession when you pass away, if your chosen beneficiary has already passed before you, or if you decide that you would like to change your mind - the will itself will not need to be changed, just the letter of wishes. Should the gift be of significant value or if you have reason to believe there is a good chance of disagreement between beneficiaries or the executors, it may be better to note that type of particular gift in the will.

To outline your funeral arrangement wishes

Outlining funeral arrangements wishes is another popular use for a letter of wishes. The letter can include all the details you’d like carried out with regards to your funeral, such as your cremation or burial preference and wishes, instructions about the funeral service you would like to have, who should be notified about your death and how they can be contacted. People are often connected through social media these days, so you may want to highlight your wish for a certain type of announcement to be made over social media platforms so that people far and wide are made aware. These are of course conversations you can have with friends and family while you’re alive, but many choose to avoid these types of conversations and instead find it easier to leave it all in a personable letter alongside their will.

Guidance for trusts

Should your will contain any trusts or if guardians are being appointed for your children, you may use a letter of wishes to provide guidance explaining how you would like the trust to be managed or ways in which you would like your children to be raised.

Read: How to divide assets fairly between children when you pass

To explain your decisions

A letter of wishes may outline your requests with regards to certain circumstances or specific gifts, but it can also act as a great way to explain why or how you came to your decisions and why you have chosen to structure the will the way you have.

It’s a great way to nip any potential quarrels in the bud, such as why you may have chosen to leave a greater share of your estate to one of your children, or your reasons for leaving something in your will to a charity that’s close to your heart. This information can also be used as evidence should a claim be made against your estate following your death.

So, as you can see, a letter of wishes accompanying your will can have many benefits and as no legal language is required, you can set out your views and wishes in your own words.

If you’d like to discuss writing your will with our expert legal team, or would like to learn more about any of the other wide range of legal services that we offer here at Fonseca Law, get in touch with our solicitors today by calling 01495 303 124, e-mailing enquiries@fonsecalaw.co.uk or by completing our online contact form.