Is a letter of wishes legally binding?
No. Only a will signed and witnessed under section 9 of the Wills Act 1837 can decide who inherits. A letter of wishes is guidance that your executors, trustees and guardians can take into account. Its value is that it can explain your thinking in plain language that would not belong in a legal document.
What is a letter of wishes used for?
- Guardians: why you chose them and how you hope your children will be brought up. See writing a will with children.
- Trusts: how you would like trustees to use any discretion, for example over a young beneficiary's share.
- Personal items: who should have things of sentimental rather than financial value.
- Funeral wishes: your preferences. These are not currently binding; the government has said the Law Commission is considering whether funeral wishes should be (written answer, 26 November 2025). FuneralFinder's free funeral wishes planner helps you set out details such as burial or cremation, music and readings, and print them to keep with the letter.
- Digital accounts: where your executors can find instructions, without including passwords. See digital legacy.
- Leaving someone out: a calm, factual explanation of your reasons.
On the last point: if someone applies to court under the Inheritance (Provision for Family and Dependants) Act 1975, the court must consider any matter it thinks relevant (section 3). A letter does not prevent a claim. If you plan to leave out a close family member, read can I disinherit someone and take advice.
What must stay in the will rather than a letter of wishes?
Everything you need to be enforceable: gifts, shares of the residue, backup beneficiaries, executors and guardians. If the will and the letter disagree, the will decides. The letter cannot add a gift the will does not make.
Keep the letter separate from the will. If a will refers to another document in terms that suggest it should form part of the will, the probate registry will require that document to be produced (Non-Contentious Probate Rules 1987, rule 14).
How do you write and update a letter of wishes?
- Write it in plain language, addressed to your executors or trustees.
- Say clearly that it is guidance and not part of your will.
- Sign and date it.
- Keep it with your will and tell your executors it exists. See where to store a will.
- Replace it whenever your wishes change, and destroy the old version.
If the will itself needs changing, the letter cannot do that; see changing your will.
For animals, keep pet care notes and will arrangements consistent: agree a carer, record an emergency contact and keep daily care details easy to update.
Sources
- Wills Act 1837, section 9
- Non-Contentious Probate Rules 1987, rule 14
- Inheritance (Provision for Family and Dependants) Act 1975, section 3
- UK Parliament: written answer 92745 on wills law reform and funeral wishes (26 November 2025)
Sources checked 24 September 2026.