During several interviews this month, Ed Sheeran has discussed that he has recently made a 'Letter of Wishes' to sit alongside his Will, detailing his wish that a further album called ‘Eject’ is to be released after his death.

The album is said to include a series of songs that Ed Sheeran has produced during his career selected by his wife, Cherry Seaborn.

Ed Sheeran has since encouraged his fans to consider making their own Wills and letters of wishes to ensure that their preferences are made clear for Executors after their death.

What is a Letter of Wishes?

A letter of wishes is a document that is usually stored with the Will, and it provides guidance to the Executors of the Will. It is a personal letter written by the Testator/Testatrix (the person making the Will), to express their wishes.

The contents of the letter are not legally binding in the way that the Will is, however, the Executors generally follow the wishes of the deceased out of moral obligation. A letter of wishes provides the opportunity to express any preferences that do not need to be formally included within the Will.

What could I include in my Letter of Wishes?

As the letter of wishes is a more informal document than the Will itself, there is no format for the letter, and it can contain as much or as little information as you like. It is important that the letter of wishes does not attempt to be a Will and that it is not signed in the same way as a Will would be, as it may end up inadvertently revoking the Will.

A letter of wishes is often drafted for the following reasons:

  • To state how personal assets of sentimental value rather than monetary value (such as jewellery and photographs) should be distributed.
  • To state funeral wishes including music choices and readings.
  • To state your intentions of how assets should be distributed where there is a discretionary trust within the Will, including who should benefit and in what circumstances they should benefit.
  • To express your reasoning for the decisions that you have made within your Will, for example if you have made greater provision for one beneficiary over another.
  • To provide advice or guidance for the people that you have appointed to be the guardians of your children, about how you would like them to raise your children.

What are the benefits of making a Letter of Wishes?

The most obvious benefit of making a letter of wishes is that you are able to make your preferences clear to your Executors, so that they can execute your wishes. However, there are also many further benefits to consider.

For example, when a Grant of Probate is obtained, the deceased’s Will becomes a public document. However, the letter of wishes does not become public and should remain confidential. The letter only needs to be shared with the Executors. A letter of wishes therefore provides a place to set out any more personal or sensitive content.

Further, the letter of wishes can be updated as frequently as you wish, without the need to update the Will itself. It therefore provides flexibility and it does not incur the additional costs of updating the Will.

Also, providing information in your letter of wishes as to why you have chosen to distribute your estate in a particular way (for example, if you have made unequal provision for your beneficiaries) can help to mitigate the possibility of a claim being brought against your estate after your death.

Next Steps...

If you have any questions about making a Will, please do not hesitate to contact me via telephone on 01283 214 231 or via email on s.wildsmith@timms-law.com.

For more information about Wills & Probate, please visit our webpage here.