Free Letter of Wishes Template

LETTER OF WISHES

Private And Non-binding Statement Of Wishes  ·  England And Wales

I, Margaret Elizabeth Howard, born 15 June 1950, of 14 Willow Lane, Guildford, Surrey GU1 3SJ, write this Letter of Wishes to provide guidance to my executors and trustees (and, so far as appropriate, to my family and those close to me) on how I would wish them to exercise the discretions entrusted to them and to deal with the practical matters set out below.

This Letter is not a will and not a codicil. It is not intended to be legally binding and it does not amend the dispositive terms of my will. It is intended as guidance only and leaves my fiduciaries with their full statutory and fiduciary discretion. It should be read alongside my Last Will and Testament dated 1 March 2024. My executor(s) named in my will are: Richard James Howard (son) and Eleanor Margaret Howard (daughter). My trustee(s) are: Richard James Howard and Mr David Thornton (Harrington and Cole LLP). My solicitor is: Mr David Thornton, Harrington and Cole LLP, 14 High Street, Guildford GU1 3EL. I have written this Letter while of sound mind and of my own free will.

This Letter of Wishes is a private, non-binding document. It does not comply with (nor does it need to comply with) section 9 of the Wills Act 1837 and it has no testamentary effect. It does not alter or supplement the dispositive provisions of my will.

My fiduciaries are free to depart from my wishes where, in the exercise of the duty of care imposed by section 1 of the Trustee Act 2000, they consider it proper to do so. They are reminded that, following Re Londonderry's Settlement [1965] Ch 918, they are under no general duty to disclose their reasons for exercising their discretion, but that the court retains a supervisory jurisdiction under Schmidt v Rosewood Trust [2003] UKPC 26 and Re Rabaiotti's 1989 Settlement [2000] WTLR 953 to order disclosure of this Letter where the interests of justice so require.

I would like my body to be dealt with by way of a burial, and I would prefer the ceremony to be a religious service.

Specific wishes: I would like the service to be held at St Mary's Parish Church, Guildford. Hymns: Jerusalem and Dear Lord and Father of Mankind. Reading: Psalm 23. No flowers — donations to the British Heart Foundation in lieu.

Pre-paid plan: I have a pre-paid funeral plan in place — Co-op Funeralcare pre-paid plan no. CO-442189. Documents lodged with my solicitor.

Organ donation: I consent to the donation of all of my organs and tissue for transplantation or medical research under the Organ Donation (Deemed Consent) Act 2019 and the Human Tissue Act 2004.

Ashes / final resting place: Not applicable (burial plot pre-paid at Guildford Cemetery, Plot 214).

I would like my executors to have regard to the following wishes concerning my personal chattels and effects (whether or not the subject of a specific legacy in my will). My executors are reminded that, in the absence of a specific bequest, chattels fall into residue and are distributed by them at their discretion having regard to this Letter.

Specific gifts: Gold wristwatch (Omega De Ville) to my son Richard. Steinway upright piano to my daughter Eleanor. First-edition collection of Dickens novels to my grandson Thomas Howard.

Sentimental items: Family photograph albums (black cabinet in the study) to remain with Richard for the family to share. Mother's pearl necklace to Eleanor.

Digital assets: Gmail (margaret.howard@gmail.com), Facebook, Instagram. Password manager: 1Password (master password with solicitor).
Digital accounts and their contents should, where permitted by the provider's terms, be transferred to Richard James Howard (with assistance from the password manager master record held with my solicitor).

Pets: Labrador "Poppy" (microchip 900215000123456, date of birth 3 May 2020) — to be cared for by my daughter Eleanor, who has agreed. My executors are reminded of their responsibilities under the Animal Welfare Act 2006 to ensure the ongoing welfare of any animals in my care. I would like a reasonable sum (suggested £5,000) to be set aside from the residue and applied by my trustees for the care of my pet(s).

Where my will creates a discretionary trust or confers discretion on my trustees (for example as to the timing, identity or amount of distributions), I ask my trustees to have regard to the following guidance. This guidance is not binding and does not fetter the trustees' discretion, but I hope it will assist them.

General guidance: I would like the trustees to prioritise the education and welfare of my grandchildren, and to make distributions to my children only where those primary needs have been met.

Distribution priorities: Priority 1 — Education costs for grandchildren (school fees, university, vocational training). Priority 2 — Housing deposits or housing assistance for my children. Priority 3 — Discretionary distributions for significant life events.

Charitable giving: 10% of my residuary estate is left to the British Heart Foundation and Marie Curie in equal shares. My trustees may also consider further discretionary gifts to Guildford Hospice. My trustees may consider the interaction with the inheritance-tax reduced rate under section 7 of, and Schedule 1A to, the Inheritance Tax Act 1984 (10% or more of the baseline amount to charity).

Vulnerable beneficiaries: My son-in-law James (Eleanor's husband) has a long-term disability and I would ask the trustees to consider whether a disabled person's trust under s.89 IHTA 1984 would be appropriate for any provision for him. My trustees should consider the availability of a disabled person's trust under section 89 of the Inheritance Tax Act 1984 and section 38 of the Finance Act 2005 (income tax treatment).

Investment approach: I would prefer a balanced approach — moderate growth with reasonable capital preservation and a diversified portfolio across asset classes, consistent with the standard investment criteria in sections 4 and 5 of the Trustee Act 2000.

Business succession: My 25% shareholding in Howard Stationery Ltd should be offered first to my son Richard (my business partner) at fair market value as at the date of my death. Business Relief under ss.103-114 IHTA 1984 may be available. My trustees should consider the availability of Business Relief under sections 103-114 of the Inheritance Tax Act 1984 and the two-year ownership requirement.

Education: I would like my grandchildren to attend local state schools unless private education is demonstrably in their best interests. Support for university is important — I would like my trustees to be generous on that front.

Healthcare and end-of-life preferences: I do not wish to receive life-sustaining treatment if there is no reasonable prospect of recovery. A formal Advance Decision to Refuse Treatment (2023) is lodged with my GP and my solicitor, and a Health and Welfare LPA names Richard and Eleanor jointly as my attorneys. I note that a legally binding refusal of medical treatment can only be given by an Advance Decision to Refuse Treatment complying with sections 24-26 of the Mental Capacity Act 2005, and that welfare decisions in my best interests can only be authorised through a Lasting Power of Attorney for Health and Welfare under sections 9-14 of the Mental Capacity Act 2005.

Personal messages: To my children — I could not be more proud of the people you have become. Look after each other and your own children. Life is long; love is longer.

Other wishes: Annual family lunch at The Angel Hotel, Guildford, on the first Sunday of June — I hope the family will continue this.

I am aware that, under section 2 of the Inheritance (Provision for Family and Dependants) Act 1975, certain categories of person (including a surviving spouse or civil partner, a cohabitee of two years immediately preceding my death, children, and those being maintained by me) may apply to the court for reasonable financial provision out of my estate. My will and this Letter have been prepared with an appreciation of those rights.

I note that this Letter has no direct effect on the inheritance-tax treatment of my estate under the Inheritance Tax Act 1984 (including the nil-rate band, residence nil-rate band under section 8D, spouse/civil partner exemption under section 18, charitable exemption under section 23 and reduced rate under Schedule 1A). My executors and trustees should seek tax advice as appropriate.

I am content for this Letter to be shared with my executors and trustees during my lifetime, and they may discuss its contents with me at any time.

Storage: This Letter is stored with my solicitor alongside my will.

Next review: I intend to review this Letter on or before 1 March 2027.

This Letter of Wishes is made voluntarily and without pressure from any person. It reflects my present wishes, which may change. My executors and trustees should feel free to exercise their own judgement where circumstances have materially changed or where strict adherence to my wishes would not be in the best interests of the beneficiaries.

This Letter is governed by the law of England and Wales.