Should I Write a Letter to Keep With My Will?

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What about those more personal messages and sentiments that one might wish to convey to loved ones? This brings us to the question: Should I write a letter to keep with my will?

What is a “Letter of Wishes”?

In the UK, alongside a will, individuals sometimes prepare what is known as a “Letter of Wishes”. This is a personal, non-legally binding document that is often kept with the will but can be changed without the formalities required of a will. It offers guidance on personal matters and provides additional context or sentiment that the formal will might not capture.

Why Consider Writing One?

  • Personal touch: A Letter of Wishes can communicate personal sentiments, memories, and reasons for decisions, adding a touch of humanity to what can otherwise be a very formal legal document.
  • Guidance on distribution: While your will might state how assets should be divided, a letter can explain the thought process behind such decisions, helping to reduce potential misunderstandings or disagreements.
  • Specific requests: You can detail how you’d like personal possessions to be handled, such as family heirlooms or even personal letters.
  • Funeral wishes: While these can also be included in a will, adding them to a Letter of Wishes ensures they’re not overlooked.

Legal Implications

It’s crucial to understand that the Letter of Wishes does not have legal binding in the UK. Beneficiaries or executors cannot be legally forced to follow the guidelines set out in the letter. However, its presence can significantly influence their decisions, particularly if it clarifies ambiguities in the will.

Confidentiality

A will becomes a public document once probate is granted, but a Letter of Wishes remains private. This difference might be crucial for those wanting to share confidential sentiments or information.

Potential Pitfalls

  • Conflicting information: Ensure the Letter of Wishes doesn’t contradict the will. If there are significant changes in your wishes, it’s advisable to update your will rather than relying solely on the letter.
  • Over-reliance: Remember, it’s not legally binding. Essential provisions should always be included in the will itself.

How to Write One?

  • Keep it simple: There’s no set format. It can be as simple as a handwritten letter or a typed document.
  • Clear identification: Clearly identify it as a ‘Letter of Wishes’ and mention the date and your full name.
  • Detailed explanation: Be clear about your intentions and reasons. It’s your chance to communicate directly with your loved ones.
  • Consult with professionals: While not mandatory, consulting with a solicitor can ensure clarity and consistency between the letter and your will.

A Letter of Wishes, when kept with a will, can be an invaluable tool for those left behind. It allows you to impart wisdom, memories, sentiments, and clarity to your loved ones, adding a personal touch to the legacy you leave behind. However, always remember its non-binding nature and consult professionals to ensure it aligns seamlessly with your formal will.

In the end, it’s about creating peace of mind and a clearer path forward for those you leave behind.

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