Understanding the Expression of Wishes in a Last Will and Testament

When planning for the future, writing a last will and testament is one of the most important steps you can take to ensure your assets are distributed according to your wishes. However, many people are unaware that alongside a will, they can also prepare an expression of wishes—a non-binding document that provides valuable guidance to executors and trustees.

In this blog, we’ll explore what an expression of wishes is, how it differs from a will, and why it can be a helpful addition to your estate planning toolkit.

So What Is an Expression of Wishes?

An expression of wishes (sometimes called a letter of wishes) is a written document that accompanies your will. Unlike your will, it is not legally binding. Instead, it acts as guidance for the people administering your estate, particularly in areas where you want to leave more personal instructions or suggestions.

For example, you might use an expression of wishes to:

• Indicate who you would like to receive certain personal items
• Outline your funeral preferences or how you would like your burial or ashes handled.
• Provide explanations for decisions made in your will (e.g., unequal distribution)
• Suggest how money in a discretionary trust should be used
• Give guardianship guidance for minor children

Why Isn’t It Legally Binding?

The non-binding nature of an expression of wishes allows for greater flexibility. Because it is not part of your will, it can be updated without the need for formal legal proceedings or a new will. This is particularly useful if your personal preferences change over time, such as your funeral arrangements or relationships with beneficiaries.

That said, executors and trustees are not legally required to follow the wishes expressed. However, they are likely to give them serious consideration—especially if the wishes are reasonable and clearly align with the intentions set out in the will.

When Should You Use One?

An expression of wishes is particularly useful in the following situations:

• Discretionary Trusts: If your will creates a discretionary trust, the trustees have broad powers to decide how the trust assets are distributed. Your expression of wishes can guide them on who should benefit and in what way.
• Complex Family Dynamics: In cases where there are children from previous relationships or estranged relatives, the letter can explain your decisions and potentially help reduce conflict or confusion.
• Personal Belongings: While valuable assets should be listed explicitly in your will, smaller or sentimental items may be addressed in a letter of wishes, particularly if they are to go to different people.
• Funeral Wishes: You can outline whether you’d prefer burial or cremation, what kind of ceremony you’d like, or any cultural or religious considerations.

How to Write an Expression of Wishes

There is no strict format, but a good expression of wishes should be:

• Clear and concise: Avoid ambiguity that could lead to confusion.
• Respectful in tone: Remember, this is guidance, not instruction.
• Signed and dated: This helps establish its authenticity and relevance.
• Updated as needed: Keep it current if your wishes or circumstances change.

It’s a good idea to store the expression of wishes with your will and let your executor or solicitor know where it can be found.

Final Thoughts

While your will remains the legally binding cornerstone of your estate plan, an expression of wishes adds a personal touch and gives your executors and trustees a clearer picture of your intentions. Used wisely, it can help your loved ones make decisions with greater confidence and compassion during a difficult time.