MILLIONS of Brits are leaving their families at risk of bitter inheritance rows by failing to write a little-known document that could prevent disputes over everything from savings to sentimental heirlooms.
A letter of wishes sits privately alongside your will and, unlike the will itself, never becomes public once probate is granted.
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Only your executors and trustees ever see it.
Georgette Valentine, of law firm Thomson Snell & Passmore, says the letter is “often your last chance to express your wishes and explain your decision-making to your executors and trustees – and, more importantly, to your loved ones.”
She adds that such letters “can help reduce disputes by providing context and reasoning for more controversial decisions, such as disinheriting a child or making a large gift to someone unexpectedly.”
The document is not legally binding, but experts say it still carries real weight.
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Steve Bish, founder of S Bish Estate Planning, told The Telegraph: “Courts may sometimes look at it as evidence of intentions in disputes and its existence could stop the progress to court in the first place.”
It can cover funeral preferences, who should inherit sentimental items, how money held in trust should be used, and even guidance on childcare or pets.
Lauren Marlow, of law firm Mishcon de Reya, said people commonly use it to explain “how they would like money held in trust to be used, particularly if beneficiaries are young, vulnerable or not financially responsible.”
Anyone wishing to nominate a pension beneficiary should also complete a separate nomination form directly with their pension provider, as that is what schemes rely on when paying out.
The letter should never contradict the will or include personal grievances.
Ms Valentine warns writers to “consider who will read your letter of wishes” given that all executors and trustees are entitled to see it.
There is no official format to a letter of wishes.
It can be handwritten or typed, should be signed, dated, marked private and confidential, and stored safely alongside the will.
Mr Bish advises keeping “the wording clear and avoid overly rigid instructions which could become impractical and cause anxiety for your loved ones.”
Unlike a will, it can be updated at any time without legal formality.
Never forget your will
A LETTER of wishes still means nothing without a will to go alongside it.
Without a valid will, intestacy laws decide who gets what — and that may not be what you’d want.
Unmarried partners, for example, have no automatic right to inherit anything.
A solicitor-drafted will typically costs between £150 and £300, but you may be able to get one for free.
Free Wills Month runs every March and October, offering over-55s a simple will written at no cost through a participating solicitor.
Find out more at freewillsmonth.org.uk.
The Will Aid scheme, which runs every November, also offers low-cost wills through solicitors in exchange for a charitable donation.
