You have made your Will, or you are about to, and someone has told you that you should also write a letter of wishes. So is it actually worth the effort?
The short answer is yes, and here is why. A letter of wishes is not legally binding. But it guides the people who will run your estate, your executor and any trustee, and done well it heads off a lot of the conflict that can follow a death. This page is written for New South Wales. If you want the Will itself sorted, our wills and estates lawyers can help you with that, as part of the broader wills and estates work we do.
What is a letter of wishes?
A letter of wishes is a private, non-binding note to your executor and trustee that explains how you would like things handled, and why. You might also see it called a statement of wishes or a memorandum of wishes. Same idea, different label.
It sits alongside your Will, not inside it. The Will is the binding legal document that says who gets what. The letter is the human context behind those decisions: the reasoning, the preferences, and the practical detail a Will is the wrong place for.
How is a letter of wishes different from a Will?
Your Will does the legal work. It appoints your executor, names your beneficiaries, and directs how your estate is distributed. A letter of wishes cannot do any of that. It guides, it does not direct.
There is one difference most people never think about, and it matters. Once your Will is admitted to probate it becomes a public document, and anyone can apply to the court to read it (Supreme Court of NSW, access to wills and probate). A letter of wishes generally stays private. So it is the place for the sensitive or personal reasons behind your decisions, the things you would not want sitting on the public record.
Does a letter of wishes stay private?
Because the letter sits outside your Will, it is not part of the public probate file. That is the practical benefit. You can be honest in it without that honesty becoming public.
There is a further point for letters written to the trustee of a discretionary or testamentary trust. Courts have held that a trustee is generally not obliged to hand a memorandum of wishes to the beneficiaries (Hartigan Nominees Pty Ltd v Rydge (1992) 29 NSWLR 405). So the guidance you leave a trustee can stay between you and the person you trust to carry it out.
What should be included in a letter of wishes?
There are no rules about what goes in, which is rather the point. Here is what people most often cover.
Funeral and memorial wishes
Burial or cremation, the service, the music, who you want to speak on the day. These are wishes, not directions, so your executor keeps the final call. Most families are grateful to have them.
The family business
If you own a business, say how you would like it handled: kept running, sold, or passed to a particular person. The Will controls ownership. The letter carries your thinking on what happens next.
Minor children
If you have young children, this is where you explain your hopes for how they are raised, and the reasoning behind your guardianship choice. The guardian appointment itself belongs in the Will.
Personal messages
A letter to a partner, a child, or a friend. This is often the part that matters most to the people left behind.
Reasons for your distribution
If you have split things unevenly, or left someone out, explain why. Do it carefully, and there is more on that below. A calm, reasoned explanation can settle a lot of resentment before it starts.
Digital assets and where to find things
This is the practical part that gets left out, and it is one of the most useful. Your executor cannot act on what they cannot find. Use the letter to point them to your online accounts and subscriptions, your photos, and where your passwords or password manager are kept. Do the same for the physical world: the bank accounts, the insurance policies, the super, and even how to get into the house. A letter that tells the people running your estate where everything is saves them weeks of guesswork.
What a letter of wishes cannot do
Here is where a lot of people get caught out. A letter of wishes cannot override your Will, and it should never contradict it. If the two do not match, the Will wins, and the contradiction just hands a disappointed beneficiary an argument.
It also cannot shut down a claim against your estate. If a letter is used to justify cutting someone out, an eligible person can still bring a family provision claim against the estate (Succession Act 2006 (NSW), s 57), and in NSW that claim must be made within 12 months of the date of death (s 58). A well-reasoned letter can help your executor defend your decisions. It cannot make them bulletproof.
Assets that pass outside your Will
Some of your biggest assets are not controlled by your Will at all, and a letter of wishes does not move them either.
Superannuation is the common one. Your super is held in trust and does not automatically form part of your estate unless it is paid to your estate. What actually directs it is a binding death benefit nomination (MoneySmart, who gets your super when you die; ATO, superannuation death benefits). If you want your super to go to a particular person, the nomination is the document that counts, not the letter.
The same goes for a family trust or a private company. The trust deed or the company structure controls those assets, not your Will. A letter of wishes can give the trustee or the directors your guidance, but it does not shift ownership.
How to write a letter of wishes in Australia
Keep it simple. You do not need legal language.
- Address it to your executor and any trustee.
- Set out your wishes in plain, specific terms, grouped by topic.
- Give reasons where a decision might surprise someone.
- Sign and date it.
- Keep it consistent with your Will, and review both together whenever your circumstances change.
That last step is the one people forget. A letter that drifts out of line with an updated Will causes more problems than no letter at all.
An annotated example
Here is a short example, with a note against each part explaining why it is worded that way and what your executor can and cannot do with it. Treat the wording as a starting point, not a script.
| Sample wording | Why it is worded this way |
|---|---|
| “To [your executor’s name], to be read alongside my Will dated [date].” | Names who the letter is for and ties it to a specific Will, so it can never be mistaken for the Will itself or read in isolation. |
| “These are my wishes to guide you. I understand they are not binding and that the final decisions are yours.” | States the letter’s status in your own words. This is the line that makes it far harder for a beneficiary to argue the letter was meant to override the Will. |
| “I would like a small, private cremation, and for my brother to speak.” | Specific and personal. Your executor can follow it, but retains the final call, which is why it reads as a wish, not an instruction. |
| “I have left a larger share to [name] because they cared for me in my final years. This is not a slight to anyone else.” | Explains an uneven split. It cannot block a family provision claim, but it gives your executor a clear, calm account of your reasoning to rely on. |
| “My passwords are in [location]. My bank, super and insurance details are listed on the attached page.” | Practical access information. This is often the most-used part of the letter, because your executor cannot act on what they cannot find. |
Download a letter of wishes template
A simple, editable letter of wishes template you can fill in and keep with your Will.
Download the letter of wishes template
Is a letter of wishes legally binding in Australia?
No. This is the one thing to be clear on. Your executor and trustee hold the legal authority, and they make the final call. Your wishes are persuasive guidance, not enforceable directions.
That is why who you appoint as executor matters more than how well you write the letter. Choose someone who will actually read it, respect it, and has the judgement to apply it. A carefully written letter in the hands of the wrong executor is worth very little.
Where to store your letter of wishes
Store it with your Will, but not stapled or attached to it. You do not want it to look like part of the Will. Then tell your executor where it is. And keep it updated, so it never drifts out of line with the Will.
Need help drafting your letter of wishes?
A letter of wishes is one of those jobs that is easy to put off and easy to get slightly wrong. If you want it done properly, and sitting neatly alongside a Will that actually holds up, have a chat with me and my team. Our wills and estates lawyers can sort both together, so nothing contradicts and nothing gets missed. Call 1300 614 732 or send us a message.
Frequently Asked Questions
What is a letter of wishes in Australia?
A letter of wishes is a private, non-binding note to your executor and trustee explaining how you would like your estate handled and why. It sits alongside your Will, but it is not part of it and does not carry legal force on its own.
Is a letter of wishes legally binding in Australia?
No. Your executor and trustee hold the legal authority and make the final decisions. A letter of wishes is persuasive guidance, not an enforceable direction, which is why choosing the right executor matters so much.
What is the difference between a letter of wishes and a Will?
A Will is the binding legal document that appoints your executor and directs who gets what. A letter of wishes only guides those decisions. A Will also becomes public after probate, while a letter of wishes stays private.
Does a letter of wishes stay private?
Yes. Because it sits outside your Will, it does not form part of the public probate file. For a trust, a trustee is generally not obliged to show the memorandum of wishes to the beneficiaries.
Can a letter of wishes contradict or override the Will?
No. It cannot override the Will and should never contradict it. If the two conflict, the Will prevails, and the contradiction can hand a disappointed beneficiary grounds for a dispute.
Where should I store my letter of wishes?
Keep it with your Will but not attached to it, and tell your executor where it is. Review both together whenever your circumstances change so they never fall out of line.
