Skip to content
CALL 02 9723 8080
1300 287 911
JB Logo jb solicitors family lawyer
  • 1300287911
  • About Us
    • Why Choose Us?
    • Our Team
    • Our Fixed Fees
  • Family Law
    • Divorce & Separation
    • Parent & Children Matters
    • Mediation & Arbitration
    • Property Settlements and Assets
    • Family Violence & AVOs
    • Binding Financial Agreements
    • Wills & Estate Planning
  • Other Services
    • Conveyancing
    • Commercial & Corporate Law
    • Civil Disputes & Litigation
    • Criminal & Traffic Law
    • Land & Environmental Law
    • Employment Law
    • Immigration Law
  • Resources
    • Blogs
    • Events
    • Videos
    • Crimes Act 1900 (NSW)
    • Family Law Act 1975
    • Migration Act 1958
    • Fact Sheet
  • Contact
Menu
  • About Us
    • Why Choose Us?
    • Our Team
    • Our Fixed Fees
  • Family Law
    • Divorce & Separation
    • Parent & Children Matters
    • Mediation & Arbitration
    • Property Settlements and Assets
    • Family Violence & AVOs
    • Binding Financial Agreements
    • Wills & Estate Planning
  • Other Services
    • Conveyancing
    • Commercial & Corporate Law
    • Civil Disputes & Litigation
    • Criminal & Traffic Law
    • Land & Environmental Law
    • Employment Law
    • Immigration Law
  • Resources
    • Blogs
    • Events
    • Videos
    • Crimes Act 1900 (NSW)
    • Family Law Act 1975
    • Migration Act 1958
    • Fact Sheet
  • Contact
JB Logo jb solicitors family lawyer
  • 1300287911
  • About Us
    • Why Choose Us?
    • Our Team
    • Our Fixed Fees
  • Family Law
    • Divorce & Separation
    • Parent & Children Matters
    • Mediation & Arbitration
    • Property Settlements and Assets
    • Family Violence & AVOs
    • Binding Financial Agreements
    • Wills & Estate Planning
  • Other Services
    • Conveyancing
    • Commercial & Corporate Law
    • Civil Disputes & Litigation
    • Criminal & Traffic Law
    • Land & Environmental Law
    • Employment Law
    • Immigration Law
  • Resources
    • Blogs
    • Events
    • Videos
    • Crimes Act 1900 (NSW)
    • Family Law Act 1975
    • Migration Act 1958
    • Fact Sheet
  • Contact
Menu
  • About Us
    • Why Choose Us?
    • Our Team
    • Our Fixed Fees
  • Family Law
    • Divorce & Separation
    • Parent & Children Matters
    • Mediation & Arbitration
    • Property Settlements and Assets
    • Family Violence & AVOs
    • Binding Financial Agreements
    • Wills & Estate Planning
  • Other Services
    • Conveyancing
    • Commercial & Corporate Law
    • Civil Disputes & Litigation
    • Criminal & Traffic Law
    • Land & Environmental Law
    • Employment Law
    • Immigration Law
  • Resources
    • Blogs
    • Events
    • Videos
    • Crimes Act 1900 (NSW)
    • Family Law Act 1975
    • Migration Act 1958
    • Fact Sheet
  • Contact
1300 287 911

OR CALL 02 9723 8080

Statement of Wishes

  • Contact us
  • Email us

Home / Family Law / Wills & Estate Planning / Statement of Wishes

Informal Document Supporting Your Will

A “Letter of Wishes” (sometimes known as a “Statement of Wishes”) is an informal document that can be made in support of your existing Will. It is important to note that a Letter of Wishes is not legally binding.

A “Letter of Wishes” is often utilised as a simple guide to assist your executor(s) in administrating your estate the way you want. Whilst a properly drafted Will does this for you, the formalities and strict wording of the Will can sometimes make it confusing or difficult for your executor(s) to understand. A Letter of Wishes assists your executor by setting out in plain, simple language how and to whom your estate is to be distributed to.

As a Letter of Wishes is an informal document, it is not included as part of your Will. Instead, it should be addressed to the executor(s) of your Will and provided to them upon your passing. The Letter of Wishes is intended to be a confidential document to be read by your executor(s) only for the purposes of understanding your intentions and the reasons for why you have administered your estate in the manner that you have. Having said this, your beneficiaries should not be provided a copy of your Letter of Wishes.

Learn more
nsw statement of claim

Reasons For Preparing a Letter of Wishes

The key reasons for why someone would prepare a Letter of Wishes include:

1. Explaining certain distributions (or lack of)

A Letter of Wishes can explain why someone has been left out of your Will or why you have left him/her a portion of your estate that may be considered inadequate in their view.

2. Location of personal documents or assets

Listing out the locations of your personal documents or assets that your executor may need to distribute your assets or access certain documents/information for the purposes of administering your estate. You can also provide your login details for specific accounts in your name.

3. Providing your preferences regarding your children

You may list out who you want to be the guardian(s) of your minor children, as well as your preferences in relation to other major choices such as their education and schooling, religion, values and so forth.

4. Funeral arrangements and burial

You may list out how you want your funeral to be arranged, including how the funeral expenses are to be paid (potentially from your assets), and how you wish to be buried or cremated.

Whilst a Letter of Wishes can be helpful in assisting your executor(s) in understanding how exactly you want your estate administered, it is crucial that the letter is properly drafted in a manner that does not contradict or differentiate to how your Will would be read.

Having a contradicting Will and Letter of Wishes opens the risk of family provision claims and litigation.

Accordingly, having a solicitor who specialises in drafting Wills and Letter of Wishes can assist to ensure that the distribution clauses in your Will and your wishes in your letter are aligned and do not contradict each other.

Importance of a properly drafted Letter of Wishes

Whilst a Letter of Wishes can be helpful in assisting your executor(s) in understanding how exactly you want your estate administered, it is crucial that the letter is properly drafted in a manner that does not contradict or differentiate to how your Will would be read. Having a contradicting Will and Letter of Wishes opens the risk of family provision claims and litigation. Accordingly, having a solicitor who specialises in drafting Wills and Letter of Wishes can assist to ensure that the distribution clauses in your Will and your wishes in your letter are aligned and do not contradict each other.

Learn more

Ready To Get Started, Or Have Further Enquiries ?

Our estate planning services are fixed in pricing as we believe in giving our clients certainty and value transparency.

Or use the Settify link below to get in touch with one of our experienced estate planning professionals.

1300 287 911
Contact us
Get Started Online

Stay Tuned To The Latest JBS News

Upward Arrow jb solicitors
JB Logo jb solicitors family lawyer
WEB PORTAL
Quick LInks
  • Home
  • About
  • Careers
  • For Clients
  • Payments
  • Contact
  • Our Fixed Fees
  • Fact Sheet
  • Events
  • Blog
Family Law
  • Divorce & Separation
  • Parents & Children Matters
  • Mediation & Arbitration
  • Property Settlements & Assets
  • Family Violence AVO's
  • Binding Financial Agreements
  • Wills & Estate Planning
Other Services
  • Conveyancing
  • Commercial Corporate Law
  • Civil Disputes Litigation
  • Criminal Traffic Law
  • Land & Environmental Law
  • Employment Law
  • Immigration Law
CONTACT

Tel: 1300 287 911
Tel: 02 9723 8080

Email: enquiries@jbsolicitors.com.au

Facebook Twitter Youtube Instagram Linkedin
ADDRESS
ADDRESS

Sydney CBD Office:
Level 20, 233 Castlereagh St,
Sydney NSW 2000

Melbourne Office:
The Exchange Tower, Level 1, 530 Little Collins St, Melbourne VIC 3000

Western Sydney Office:
Suite 3, Level 1/203, Canley Vale Rd. NSW 2166

Bondi Junction Office:
103/332-342 Oxford St., Bondi Junction NSW 2022

Languages
  • EN
  • ZH
Quality Policy Statement • Privacy Policy • Terms & Conditions
Copyright © 2023 · Liability Limited By A Scheme Approved Under Professional Standards Legislation
  • Made with
  • by Digital Recipe