A side note to your Will is usually prepared as a letter of wishes: a private, plain-English companion that gives executors, trustees, guardians and family the context a formal Will cannot easily carry. It can explain the reasons behind sensitive decisions, identify immediate priorities, describe how you hope trustees use their discretion, preserve guardian and dependant-care guidance, record sentimental-item preferences and point decision-makers towards the records they will need.
A useful letter of wishes is deliberately non-binding. It supports the legal documents without trying to amend them. It explains purpose and priorities without ordering an executor or trustee to act outside the powers in the Will or trust deed. It is clear enough to reduce uncertainty, but flexible enough to remain useful as family circumstances, prices, services and beneficiary needs change.
The full working document below goes far beyond a short side note. It includes a complete 20-section letter of wishes template covering document status, access, the executor’s first actions, advisers and records, family communication, unequal provision, trustees, guardians, adult dependants, personal effects, funeral wishes, pets, digital records, business continuity, property, charitable wishes, family history, private messages and version control.
It belongs beside—not inside—your emergency binder, funeral wishes, digital legacy directory and goodbye letter. Those records solve different problems and may need different recipients or delivery timing.
What the strongest letter of wishes resources cover
The leading Australian resources agree that a letter of wishes is a supporting document rather than a second Will. Willed’s letter of wishes guidance explains its role in giving executors context, recording reasons for distributions or exclusions and supplementing a Will without contradicting it.
The Estate Planning Centre’s letter of wishes guidance broadens the practical coverage to guardian instructions, organ donation, digital assets, pet care, funeral preferences, people to notify and trusted advisers. It also confirms that a letter of wishes does not override the Will.
Carroll & O’Dea’s legal analysis of letters of wishes adds the most important drafting safeguards: address the correct decision-maker, mark the document private and confidential, state that it is unenforceable, avoid directive language and do not fetter trustee discretion.
The complete Evaheld template includes all of that, then adds role-specific access, first-72-hours priorities, a document and adviser map, safe language for exclusions and unequal support, disability and adult-dependant guidance, conflict-sensitive family communication, business and property continuity, digital-security boundaries, separate emotional messages and full version control.
What a letter of wishes can do—and what it cannot do
A letter of wishes can explain the human purpose behind your estate plan. It can say why one beneficiary received substantial help during your lifetime, why a testamentary trust was chosen, which personal items carry family meaning, how you hope guardians preserve a child’s relationships and culture, or what factors trustees should consider when balancing present support with long-term security.
It cannot change the legal distribution in your Will. It cannot create a new executor, guardian, trust, beneficiary, gift or condition. It cannot remove a trustee’s discretion where the Will or trust deed grants that discretion. It cannot make an informal wish more legally powerful than the formal instrument.
Use an express disclaimer near the beginning: This letter records my personal wishes and explanations. It is not intended to be a Will, codicil, trust instrument or other legally binding document. It does not amend or override my Will, trust deed, beneficiary nominations, powers of attorney, guardianship appointments or any other formal document.
JB Solicitors’ statement of wishes guidance similarly describes the document as a confidential supporting guide for executors. For any issue affecting ownership, trustee powers, tax, superannuation, guardianship or a likely estate dispute, obtain current legal advice.
Create your letter of wishes in Evaheld now, beginning with the disclaimer, current Will details and the people who should receive each section.
How to organise the letter for executors, trustees, guardians and family
A letter addressed only “To my family” may not give each decision-maker the information relevant to their role. A stronger structure uses a short cover page and clearly labelled sections.
Executor section: immediate priorities, people to notify, document locations, advisers, property and family communication.
Trustee section: principles and factors to consider when exercising discretion.
Guardian section: children’s values, routines, culture, health, learning, relationships and emotional safety.
Dependant-care section: adult dependants, disability supports, ageing relatives and pets.
Family section: sentimental items, explanations and personal context appropriate for wider sharing.
Private appendices: sensitive explanations or individual messages that should not be given to every recipient.
Role-based sections also make updates safer. A changed pet medication should not require redistributing a private explanation about unequal inheritances. A new trustee should not automatically receive a child’s personal letter. Evaheld’s Rooms and selective sharing guidance can keep those audiences separate.
How to explain unequal gifts, exclusions and lifetime support safely
This is one of the highest-risk parts of the document. A calm explanation may help an executor understand the estate plan. An angry narrative may create new conflict, disclose private information or become material in a dispute.
Keep the wording factual and proportionate. Useful context may include substantial lifetime gifts, disability-related needs, financial dependency, caregiving contributions, prior property transfers, family-business succession, obligations to a current or former partner, or a beneficiary’s existing independent provision.
A safer structure is to identify the decision neutrally, state the relevant chronology or practical context, confirm that the binding outcome is contained in the Will or trust, avoid criticism that is not necessary to explain the decision, and record the solicitor or adviser who holds the supporting file.
For example: During my lifetime I contributed substantially towards Alex’s home purchase. My estate plan also provides additional protected support for Jordan because of ongoing disability-related needs. The binding distribution is contained in my Will. This paragraph records the context only.
Armstrong Legal’s NSW letter of wishes guidance explains that the document may record reasons for limiting or excluding provision. That possible evidentiary role makes professional review especially important.
How to guide trustees without removing their discretion
Where a Will establishes a testamentary trust, the trustee may need guidance about the purpose of the trust and the factors you considered important. The letter should help the trustee exercise discretion, not replace that discretion with a private rulebook.
Write in terms such as “I hope”, “I would like the trustees to consider”, “factors that mattered to me include” and “subject to the trust deed, current law and the beneficiary’s circumstances”. Avoid “must”, “shall”, “only if” or threats of consequences where the legal instrument does not impose them.
Useful trustee considerations may include health, therapy, disability and accessibility needs; education and training; safe housing; financial capability; addiction, exploitation or coercive-control risks; the beneficiary’s other resources; and the balance between present quality of life and long-term preservation.
The trustee remains responsible for applying the governing document and legal duties. The letter should acknowledge that circumstances may change in ways you could not predict.
Guardian guidance that protects values without trying to control childhood
A guardian needs more than a list of schools and activities. They need to understand what makes the child feel safe, which relationships matter, how culture and family identity are expressed, and which routines or supports are essential rather than optional.
Record preferences, not impossible guarantees. Future guardians must respond to the child’s best interests, finances, health, location and changing needs. “Please prioritise continuity at the current school if it remains safe and practical” is more useful than “the children must never change schools.”
Include attachment figures, siblings, grandparents and chosen family; schooling and learning support; culture, language and faith; health conditions and current clinicians; comfort objects, pets and sensory needs; technology, sport and friendships; and what helps the child during grief or change.
Keep the formal guardian appointment in the Will. The letter provides context for the legally appointed person. Evaheld’s family readiness checklist can connect the guardian section with the child’s health, school, contact and emergency records.
Complete letter of wishes template for executors, trustees and guardians
Replace every grey guidance box with your own wording. Remove sections that do not apply. Keep the final document dated, versioned and consistent with the current Will, trust deeds and appointment documents. The copy given to each recipient may contain only the sections relevant to their role.
Section 1: Document identity, status and legal boundary
1.1 Who created this letter of wishes, and when?
1.2 What is the purpose of this document?
1.3 What non-binding disclaimer applies?
1.4 Which earlier letters does this version replace?
Section 2: Intended readers, privacy and access timing
2.1 Who should read the complete letter?
2.2 Which people should receive only selected sections?
2.3 When should access be given?
2.4 Which sections are private and confidential?
Section 3: Will, trusts and formal estate documents
3.1 Where is the original Will?
3.2 What other formal documents exist?
3.3 Which document controls if there is an inconsistency?
Section 4: Executor’s first 72 hours
4.1 Who should be contacted first?
4.2 What property or dependant risks require immediate action?
4.3 Which dedicated plans should be opened immediately?
Section 5: Adviser and document map
5.1 Who are the key professional advisers?
5.2 Where are financial, tax and ownership records?
5.3 Which records should not be destroyed?
The Australian Taxation Office’s record-keeping information can help the executor or adviser determine which tax records may still be required.
Section 6: Family communication and conflict management
6.1 Who should communicate with the wider family?
6.2 Are there safety, estrangement or coercion concerns?
6.3 What process may reduce conflict?
Section 7: Context behind unequal provision or exclusions
7.1 Which estate decisions may surprise someone?
7.2 What factual context explains the decision?
7.3 Which professional file supports the explanation?
Section 8: Trustee principles and priorities
8.1 What was the purpose of each trust?
8.2 Which factors do you hope trustees consider?
8.3 Which distributions may require extra care?
8.4 What should trustees avoid assuming?
Section 9: Guardians of minor children
9.1 What values should guide the children’s upbringing?
9.2 Which relationships should remain active where safe?
9.3 What schooling, health and learning information matters?
9.4 What routines and comforts help each child?
Section 10: Adult dependants, disability and ageing relatives
10.1 Who depends on ongoing support?
10.2 Which supports must continue without interruption?
10.3 Who understands the person’s preferences and communication?
10.4 What must decision-makers not assume?
Section 11: Personal effects, heirlooms and family archives
11.1 Which items carry sentimental meaning?
11.2 Which items may have material value or cause conflict?
11.3 Which photographs, recipes or records should be copied?
11.4 What fair process should apply if several people want the same item?
Section 12: Funeral, memorial and donation wishes
12.1 Where is the complete funeral plan?
12.2 Which preferences must be known before arrangements begin?
12.3 What are your organ and tissue donation wishes?
12.4 Is body donation arranged?
DonateLife explains registration on the Australian Organ Donor Register and why family awareness matters.
Section 13: Pets, livestock and immediate animal care
13.1 Which animals rely on you?
13.2 Who is the immediate and long-term carer?
13.3 Where are the detailed care instructions?
Section 14: Digital assets, accounts and data
14.1 Where is the authorised digital asset directory?
14.2 Where are credentials and recovery methods stored?
14.3 Which accounts should be preserved, memorialised, transferred or closed?
14.4 Which files or communications are private?
The Australian Cyber Security Centre recommends keeping account credentials in a reputable password manager rather than an unsecured letter.
Section 15: Business, company and professional continuity
15.1 Which businesses, companies or professional roles require action?
15.2 What must happen during the first business week?
15.3 Where are binding ownership and control instructions?
15.4 What human context should successors understand?
ASIC’s company change information can help authorised advisers identify formal notification requirements.
Section 16: Real property, home and household context
16.1 Which properties require immediate management?
16.2 Who has keys, access cards or property knowledge?
16.3 Are there occupants, tenants or family members requiring careful communication?
16.4 Which maintenance or insurance matters cannot wait?
Section 17: Charitable, cultural and community wishes
17.1 Which charitable or community commitments matter?
17.2 Where are any binding gifts recorded?
17.3 Which cultural, language or faith relationships should be notified?
Section 18: Family history, values and personal context
18.1 Which stories explain the family’s identity?
18.2 Which values influenced the estate plan?
18.3 Which inherited patterns should not continue?
18.4 Where is the fuller emotional legacy?
Section 19: Private messages and recipient-specific notes
19.1 Which people have a private message?
19.2 Who is responsible for delivery?
19.3 May the message be shared with others?
Section 20: Storage, review and change history
20.1 Where is the current letter stored?
20.2 Who has received or can access it?
20.3 When should it be reviewed?
20.4 What changed in this version?
Complete and share your letter of wishes in your Evaheld Legacy Vault for free. Keep the whole document protected, then give each executor, trustee, guardian or family member only the sections they genuinely need.
Worked letter of wishes example
Private and confidential—to my executors and trustees.
This letter records my personal wishes and explanations. It is not legally binding and does not amend or override my Will dated 12 March 2026, the testamentary trusts created by it, my beneficiary nominations or any other formal document.
My first priority is that my children and dog are safe before administrative work begins. My sister Mia has agreed to collect the children if needed, and Daniel is the backup. Bella’s full care guide and veterinarian details are stored in my Evaheld vault. My funeral wishes are in a separate document and should be given to Mia and the funeral director immediately.
I have made different financial provision for Anna and James. During my lifetime I helped Anna purchase a home. James has ongoing disability-related needs and may require protected support over a longer period. The binding arrangements are contained in my Will. This explanation is provided only to help you understand the context and should not be treated as a new direction.
For the trustees, the factors that mattered most to me were safe housing, health and therapy, communication support, education chosen by the beneficiary, protection from exploitation and enough flexibility to respond to changing circumstances. I do not intend this letter to restrict the discretion granted by the trust.
For the children’s guardian, please keep them connected to both sides of the family where those relationships remain safe and supportive. Continuity at school matters, but their wellbeing matters more. They should not be required to preserve every family tradition or remain in one place if their needs change.
Mum’s gold bracelet is in the blue jewellery box. I hope Anna receives it because she knows its history. If the Will or the executor’s legal duties require a different outcome, the formal documents must prevail. Please scan the family photographs before distributing the original albums so both children can retain the shared history.
The current version of this letter and all role-specific sections are stored in Evaheld. My solicitor holds the Will and a copy of this letter. Please mark every earlier letter superseded.
Letter of wishes mistakes that create legal or family risk
Do not use the letter to change the Will, create a new gift or appoint a new legal decision-maker. Do not order a trustee to act contrary to the trust deed. Do not write accusations, insults or sensitive family history that is unnecessary to explain the estate plan.
Do not put passwords, PINs, recovery codes or full identity details in a document that may be copied. Do not describe valuable items vaguely. Do not leave conflicting versions in different folders. Do not assume the executor will find an unlabelled file after death.
Do not put time-critical funeral information only inside documents that may be opened after arrangements begin. Do not duplicate the full pet, business, household and digital plans; point to the current dedicated records.
Most importantly, do not assume a comprehensive template removes the need for advice. Complex exclusions, trusts, blended families, foreign assets, business succession, vulnerable beneficiaries and family provision risks need professional review. Evaheld’s estate-planning lawyer preparation guide can help organise the questions and supporting records before the appointment.
How to store, share and update a letter of wishes
Keep the current letter close to the Will or with the solicitor who holds it, but do not attach it physically in a way that could create confusion about whether it forms part of the Will. Ask your solicitor how they prefer it labelled and stored.
Maintain one current digital version with a visible date and version number. Keep role-specific copies or controlled access for guardians, trustees, business contacts and family. Mark every old copy as superseded and remove outdated links.
Review the document after any event that changes the formal estate plan or the factual guidance behind it. This includes a new Will, major lifetime gift, changed family relationship, new dependant, trust amendment, changed trustee, business sale, relocation or changed care arrangements.
Evaheld’s legacy contact settings checklist can help confirm that the right people still have the right level of access.
Why create and share a letter of wishes in Evaheld
A letter of wishes changes more often than a Will. Children grow, guardians move, pets age, business contacts change, lifetime gifts alter the context and trustees need current—not historical—information.
Evaheld gives the document one protected home beside the supporting records while allowing each audience to receive only what they need. The executor can see the full handover. A guardian can receive the child-care section. A pet carer can receive the pet plan. Private family explanations can remain restricted.
The letter can also sit beside the current Will location, executor handover pack, digital directory, family messages and adviser contacts, creating one coherent path without turning every record into one enormous document.
Start your letter of wishes today. Complete the disclaimer, executor priorities and document map first, then add the trustee, guardian and family sections that would remove the most uncertainty.
Letter of wishes FAQs
A letter of wishes is a private, usually non-binding document that sits beside a Will or trust and gives executors, trustees, guardians or family plain-language guidance and context. It may explain sentimental items, family circumstances, guardianship values, trustee priorities, funeral preferences and practical information. Evaheld’s online Will guide explains what belongs in the formal Will, while The Estate Planning Centre’s letter of wishes guidance explains its supporting role.
Generally no. It expresses guidance and intention but does not override a Will, trust deed or other binding instrument. Executors and trustees may consider it but must act within their legal powers and duties. Evaheld’s letter of wishes guide keeps the distinction clear, while Carroll & O’Dea’s legal guidance on letters of wishes warns against directive language or fettering trustee discretion.
Include the document’s purpose and status, who should read it, executor priorities, adviser and document locations, family context, trustee considerations, guardian values, dependant and pet care, sentimental-item wishes, funeral preferences, digital-record locations, business context and review details. Evaheld’s executor handover pack can hold the wider practical record, while The Art of Estate Planning’s letter of wishes workbook overview shows the breadth of useful prompts.
You can provide calm factual context, but this is one of the highest-risk uses of the document. Avoid insults, accusations and unnecessary private detail, and obtain legal advice before including reasons that may later affect a dispute. Evaheld’s estate-planning lawyer preparation guide can help organise the facts, while Armstrong Legal’s NSW letter of wishes guidance explains its possible evidentiary role.
It can record a preference and the story behind an item, but it may not legally transfer ownership. Valuable or disputed property should be dealt with through the Will or another legally effective arrangement, and the wording should align with any personal-chattels clause. Evaheld’s heirloom planning guide helps document the item and story, while JB Solicitors’ statement of wishes guidance explains the document’s informal supporting role.
Explain the purposes and factors you hope they consider, such as health, education, disability support, housing stability, financial capability and long-term security. Do not impose fixed outcomes or language that removes the discretion granted by the Will or trust deed. Evaheld’s trustee guidance template provides structured prompts, while Carroll & O’Dea’s estate-planning analysis explains why trustee discretion must not be fettered.
Record values, routines, education preferences, culture, faith, sibling and extended-family relationships, health and learning needs, emotional supports, pets and the people who should remain in the child’s life. Keep the formal guardian appointment in the Will and recognise that future decisions must respond to the child’s best interests and circumstances. Evaheld’s family readiness checklist helps organise the wider care context, while The Estate Planning Centre’s letter of wishes guidance lists guardian and child-raising instructions as a common use.
You may refer to funeral preferences, but keep a dedicated and easily accessible funeral plan because the Will and supporting estate papers may be read after arrangements have begun. Evaheld’s funeral wishes guide provides the full planning structure, while Willed’s letter of wishes guidance explains how the document can supplement a Will with personal context.
Do not place live passwords, recovery codes, PINs or full security answers in a document that may be copied or circulated. Instead, identify the authorised digital record, password manager or access process. Evaheld’s digital legacy directory provides a safer structure, while the Australian Cyber Security Centre’s password-manager guidance explains secure credential storage.
Review it at least annually and after a new Will, birth, death, separation, marriage, major gift, changed executor or guardian, new trust, business change or significant family conflict. Date every version, remove superseded copies and tell the executor or solicitor where the current document is stored. Evaheld’s legacy contact settings checklist supports the access review, while The Estate Planning Centre’s guidance notes that a letter of wishes can be updated more flexibly than a formal Will.
Letter of wishes next steps for a clearer executor handover
Confirm that the Will and formal appointments are current. Write the disclaimer. Name the intended readers. Complete the first-72-hours actions and adviser map. Then add only the personal context that helps each decision-maker understand the purpose behind the formal plan.
The goal is not to control every future decision. It is to give trusted people enough context to act carefully, consistently and humanely without mistaking personal guidance for binding law.
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