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Wills

Letter of Wishes

A non-binding personal note guiding executors or trustees on how to exercise their discretion.

What it means

A letter of wishes is an informal, private document that sits alongside a Will to explain the will-maker's intentions and offer guidance to the executor or trustee. It is not legally binding, which is precisely its strength — it can express personal reasons, preferences and context without the rigidity of the Will itself. It is especially useful for guiding a discretionary trust or a testamentary trust.

How it's used

Because it is flexible, a letter of wishes can be updated freely and may explain sensitive decisions such as unequal gifts. Example: a letter asks the trustee to prioritise a disabled child's care and explains why one adult child received less. Keep it separate from funeral instructions, which are better captured as funeral wishes.

This page is general information about Australian estate-planning terms, not legal advice. See our Legal Disclaimer.

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