When it comes to estate planning, most people think immediately of a will — the formal, legally binding document that ensures your assets are distributed as you intend. But there’s another, often-overlooked piece of the puzzle that can make all the difference: the Letter of Wishes.
Unlike a will, a Letter of Wishes isn’t about legalities; it’s about your voice, your values, and the finer details that a will can’t always capture. Think of it as your personal note to the people you trust most — guiding them through how you’d like your estate, memories, and personal matters to be handled after you’re gone.
Let’s explore what a Letter of Wishes is, why it matters in Australia, and how to craft one that truly reflects your intentions.
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Understanding the Role of a Letter of Wishes in Estate Planning
In New South Wales and across Australia, a Letter of Wishes serves as an informal yet meaningful document that complements your will. While it doesn’t carry legal weight, it helps clarify the “why” behind your decisions and provides gentle guidance for executors and trustees when they carry out your instructions.
Imagine, for example, you have personal belongings you want distributed in a specific way, or perhaps you have preferences for your funeral arrangements. These details might not fit neatly into your will, but they can live comfortably within your Letter of Wishes. This ensures your loved ones are not left second-guessing your desires during what’s already an emotional time.
If you’re uncertain how to structure your estate plan or wish to ensure your instructions are clear and respected, consulting trusted wills and estates lawyers Sydney can help you create a balanced plan that aligns your will and Letter of Wishes seamlessly.
What Exactly Is a Letter of Wishes in Australia?
A Letter of Wishes — sometimes called a “Statement of Wishes” — is an informal document written by the testator (the person making the will) to provide personal guidance to executors, trustees, or beneficiaries.
It can include a wide range of topics, from your preferences regarding funeral arrangements to how you’d like specific personal items or family heirlooms to be handled. You can even express your hopes for how your family continues traditions, manages a family business, or raises young children.
In short, while a will outlines what happens to your assets, a Letter of Wishes explains why and how you’d like those instructions to be carried out.
How Is a Letter of Wishes Different from a Will?
The key difference between a will and a Letter of Wishes lies in their legal standing. A will is a binding document enforceable by law. Executors are legally required to follow the terms outlined in your will, and failure to do so could lead to legal consequences.
In contrast, a Letter of Wishes has no legal enforceability. It’s advisory, not mandatory. The people managing your estate aren’t bound by it, but they often rely on it to make informed, compassionate decisions that reflect your true intentions.
This flexibility makes a Letter of Wishes especially useful for addressing personal or sensitive matters that may not belong in a formal will.
What Should You Include in a Letter of Wishes?
There’s no strict formula for writing a Letter of Wishes — that’s what makes it such a personal document. However, it’s common to include:
Funeral and Memorial Preferences
You may want to outline your wishes about burial or cremation, the location of your service, or even specific songs, readings, or traditions you’d like observed. Providing these details helps your loved ones make arrangements that honour your preferences with clarity and care.
Instructions for Managing Specific Assets
If you own complex assets like real estate, a family business, or investments, your Letter of Wishes can guide how these should be managed or passed on. You might, for instance, suggest keeping the family home within the family or explain under what conditions you’d want a business to be sold.
Guidance on Raising Minor Children
For parents, this is one of the most heartfelt parts of the letter. You can share your values, hopes, and expectations for your children’s upbringing — including their education, cultural upbringing, and moral guidance. Even though these wishes aren’t binding, they serve as a meaningful roadmap for guardians or trustees.
Personal Messages to Loved Ones
Many people use a Letter of Wishes to express their love, gratitude, and hopes for the future. You might also use it to explain decisions that could otherwise cause confusion or conflict. Offering context in this way can help prevent misunderstandings and preserve family harmony.
Reasons Behind Asset Distribution
If your will divides assets in a way that might surprise some beneficiaries — for instance, leaving a larger share to one child or a donation to charity — explaining your reasoning here can reduce tension or disputes later on.
The beauty of a Letter of Wishes lies in its flexibility. You can update it anytime as your circumstances, relationships, or assets evolve.
How to Write a Letter of Wishes in Australia
Writing your Letter of Wishes doesn’t have to be complicated. It’s about authenticity — speaking directly to the people who’ll manage your affairs when you’re gone.
Start by identifying your purpose. Do you want to guide your executor in specific decisions? Clarify your intentions to loved ones? Or simply leave personal notes that give comfort? Knowing your “why” helps shape your message.
Address the letter to your executor, trustee, or whoever will be responsible for following your wishes. Write in clear, straightforward language — this isn’t a legal document, so it should sound like you. Include enough detail to avoid confusion, especially when referencing specific items or individuals.
Although a Letter of Wishes doesn’t need witnesses, it’s wise to sign and date it. Store it safely with your will and let your executor know where to find it.
If you want reassurance that your documents complement each other — not conflict — seeking advice from professionals such as family lawyers in Brisbane can help ensure everything aligns legally and practically.
Is a Letter of Wishes Legally Binding?
In Australia, a Letter of Wishes is not legally binding. Executors and trustees are under no formal obligation to follow it, but they usually do, particularly when it’s clear, reasonable, and aligns with your will.
Courts generally treat it as persuasive — meaning it can strongly influence how your estate is administered, especially if your intentions are expressed thoughtfully.
That’s why clarity is key. The clearer your words, the easier it is for your executor to honour them faithfully.
Final Reflections: Why a Letter of Wishes Truly Matters
Writing a will takes care of the legal side of estate planning, but a Letter of Wishes takes care of the human side. It gives you a voice when you’re no longer here to explain yourself, helping your loved ones understand not just what you wanted, but why.
It’s an act of love — one that spares your family uncertainty and helps ensure your legacy is handled with both care and understanding.
Whether you’re preparing your first estate plan or revisiting an old one, take the time to write your Letter of Wishes. It’s one of the simplest, most meaningful gifts you can leave behind.
Author Bio: Jeryl Damluan is a seasoned SEO Specialist and Outreach Specialist at Justice Network. She excels in building authority links and amplifying online presence for law firms and businesses through strategic content creation and digital marketing.
