"
skip to Main Content

02 4050 0330

    • Medical Negligence
    • Women’s Health
          • Women’s Health

            We know that there is disparity in women’s health care, treatment, and support. We are committed to improving the lives of women and strongly advocating for their wellbeing.  That is why we take a stand and hold medical professionals accountable when medical care falls short of expected standards by delivering the best outcome in medical negligence claims affecting women.

            Read More

    • Hospital Negligence
          • Hospital Negligence

            We understand you may feel let down because you have experienced inadequate or negligent care and treatment in a hospital or medical facility. Your wellbeing is most important to us and we are committed to supporting you with compassion and holding medical professionals accountable for breach of duty and negligent care.

            Read More

    • Clinical Support
          • Clinical Support

            Experiencing poor or adverse outcomes from allied health treatment can be distressing and life changing. We are here to support you through your claim and it is our aim to hold allied health professionals accountable for their breach of care by delivering the outcome you deserve to your negligence claims.

            Read More

    • I need help
          • Not Sure where to start?

            Hello, I’m Jade. I’m here to help you with a quick discovery call that will help us better understand your legal concerns. This way, I can connect you with the lawyer who is best suited to assist you with your situation.

            Your well-being is important to us, and we’re here to support you every step of the way.

            Call me on 02 4050 0330 or email admin@conradcurrylaw.com.au

    • Personal Injury
          • Personal Injury

            If you have been injured because of someone else’s negligence, our specialist team of Personal Injury Lawyers is here to support you with compassion and understanding providing you with the right advice. Our team has substantial experience and expertise in these matters to deliver the outcomes you deserve from your claim.

            Read More

    • Work Injury
    • Motor Vehicle Accidents
          • Motor Vehicle Accidents

            We are here to support you and give you the clarity, guidance and the right legal advice if you have been injured in a motor vehicle accident. Our compassionate team of professionals in Personal Injury law have the technical expertise and a wealth of experience to win you the compensation you deserve.

            Read More

    • Public Liability
          • Public Liability

            Our specialist team in Personal Injury law is here to support you in accessing proper compensation if you have been injured because of someone else’s negligence. We have cutting edge expertise and experience in public liability claims to deliver the outcome you deserve.

            Read More

    • Abuse
          • Institutional Abuse

            We strongly believe that educational institutions must be held accountable when failing to protect children while in their care. If you have experienced institutional physical or sexual abuse, our specialist team in Personal Injury law is here to support you with compassion and offer our technical expertise and experience to deliver the best outcome in your case.

            Read More

    • Workers Compensation
          • Workers Compensation

            When you sustain an injury or illness because of work, you may be entitled to  compensation. Our specialist team in Personal Injury Law is here to support you with compassion and understanding with the right advice. We have substantial technical expertise to deliver the best possible outcome from your claim.

            Read More

    • School Negligence
    • I Need Help
          • Not Sure where to start?

            Hello, I’m Jade. I’m here to help you with a quick discovery call that will help us better understand your legal concerns. This way, I can connect you with the lawyer who is best suited to assist you with your situation.

            Your well-being is important to us, and we’re here to support you every step of the way.

            Call me on 02 4050 0330 or email admin@conradcurrylaw.com.au

    • Wills & Estate Planning
          • Wills and Estates

            When we provide advice on estate planning, we believe  in giving advice on options to mitigate the risks of litigation by potentially unhappy family members and protecting your assets from claims. Our legal team is here to support you and address your concerns regarding your estate planning. We have immense experience in these matters, providing you with advice and representation for your unique situation and delivering the best outcomes for your case.

            Read More

    • Powers of Attorney
    • Contest A Will
          • Contest A Will

            We have immense experience and specialised knowledge in family provision and wills disputes Where you have not been properly and adequately provided for under a will or where you suspect that the person making the will may not have had capacity or exercised their own free will, you need a lawyer with extensive experience and expertise. Our team of Lawyers will  provide you with advice and representation for your unique situation and deliver the best outcomes for your case.

            Read More

    • Probate & Deceased Estates
    • Enduring Guardian
    • Family Provision
    • I Need Help
          • Not Sure where to start?

            Hello, I’m Jade. I’m here to help you with a quick discovery call that will help us better understand your legal concerns. This way, I can connect you with the lawyer who is best suited to assist you with your situation.

            Your well-being is important to us, and we’re here to support you every step of the way.

            Call me on 02 4050 0330 or email admin@conradcurrylaw.com.au

    • Other Services Overview
          • Conrad Curry Can assist you with a variety of services

            Our solicitors are highly experienced in providing you with expert legal advice and will keep you informed every step of the way. It’s good to know that our firm is trusted and effective with a high success rate.

            Read More

    • Professional Negligence
          • Professional Negligence

            We rely on professionals in all aspects of our lives to provide us with proper advice on which to make decisions about our financial and legal affairs. When you are let down by poor advice the results can be devastating.  We are here to support you in your claim for compensation with clarity, guidance and the right advice to achieve the outcome you deserve.

            Read More

    • Malicious Prosecution
          • Malicious Prosecution

            We believe in standing up for those people who are falsely accused and prosecuted. Our experienced legal team is here to support you with compassion and provide you with clarity, guidance, and the right advice in your claim for compensation.

            Read More

    • General Litigation
    • I Need Help
          • Not Sure where to start?

            Hello, I’m Jade. I’m here to help you with a quick discovery call that will help us better understand your legal concerns. This way, I can connect you with the lawyer who is best suited to assist you with your situation.

            Your well-being is important to us, and we’re here to support you every step of the way.

            Call me on 02 4050 0330 or email admin@conradcurrylaw.com.au

    • What to Expect
          • What to expect

            We are your law firm for life. You can count on us for the best legal advice and compassionate support. We understand the challenges you are facing and we want you to know that you don’t have to navigate the often daunting process alone. We are here when you need us. Let us help you find your way forward with our empathetic and efficient approach. Contact us. You can call us on (02) 4050 0330 for a free initial no-obligation consultation or book an appointment online for an in-person consultation or an online video appointment.

  • No Win/No Fee Options

What is the value of a Letter of Wishes in Estate Planning?

In New South Wales (NSW), a Letter of Wishes is a non-legally binding document that complements a Will. It allows a testator to provide their appointed executors and trustees with valuable guidance as to their values and principles, and their wishes for the administration of the estate and management of estate trusts.

What is the value of a Letter of wishes in Estate Planning in NSW?

A Letter of Wishes is not a legal document but rather a supplementary, informal document that provides additional guidance to executors, trustees, and testamentary guardians of children on matters relating to funeral arrangements, disposal of their remains, distribution of personal belongings, their wishes for the care of their children including with respect to education and travel, the administration of their estate and the management of trusts under their Will.

The key points to consider when writing a Letter of Wishes in estate planning in NSW are:

  1. Non-Binding: Unlike a will, a Letter of Wishes is not legally binding.. It does not carry the same legal weight, and the executor or trustee is not legally obliged to follow the instructions contained within it
  2. Guidance: It is meant to provide guidance and insight to the executor or trustee when making decisions regarding matters that will not be addressed within a will. It can help them understand the testator’s intentions and wishes when exercising their discretion.
  3. Flexibility: One of the benefits of a Letter of Wishes is that it allows the testator to convey their desires, concerns, and preferences in a more flexible and personal manner than a formal Will. 
  4. Private: Letters of Wishes are typically kept private and are not part of the public record, which can be beneficial if the testator has sensitive or personal instructions to convey.
  5. Not a Substitute for a Will: It is important to note that a Letter of Wishes should not be used as a substitute for a properly drafted and legally valid Will. It should complement the will, not replace it. The legal aspects of asset distribution are determined by the Will.
  6. Updating: It can be updated more easily than a will, and the testator can make changes or add new instructions as needed without the same formalities required for changing a will. For instance, a letter of wishes need not be witnessed or signed on every page. 

While a Letter of Wishes is not legally binding, it can still play a valuable role in estate planning by providing a more personal touch and specific guidance to the executor or trustee, helping them understand the testator’s intentions and wishes. Understanding a testator’s values and principles will give reassurance to the executors and trustees in the knowledge that they are doing what the testator would truly have wanted them to do It’s important to work with legal professionals experienced in estate planning when creating both a Will and any associated Letters of Wishes to ensure your wishes are carried out as closely as possible.

What should be included in a letter of wishes in NSW?

The following information can be included in a Letter of Wishes:

  1. Personal Messages and Guidance:
    • Express personal sentiments, values, and guidance for your beneficiaries.
    • Share your reasons for making specific bequests or decisions, which can help prevent misunderstandings or disputes.
  2. Distribution of Personal Belongings:
    • Provide detailed instructions for the distribution of personal items, such as jewellery, artwork, or family heirlooms.
    • Specify who should receive these items and under what conditions.
  3. Location of Safe Deposits:
    • Include information about the location of any safe deposit and the location of keys connected to such things.
  4. Funeral and Burial Wishes:
    • Include preferences for funeral or memorial service, such as the location, religious or non-religious aspects, or any specific requests.
    • Express preferences for burial, cremation, or other arrangements.
  5. Organ Donation:
    • Include any specific wishes you have regarding the donation of your organs.
  6. Guardianship and Care of Minor Children:
    • If you have minor children, you can share your views on their upbringing, education, and care.
    • Whilst nominating the guardians for your minor children is an important element to add to your will, the letter of wishes can complement the clause under the will and explain why you believe they are suitable choices.
  7. Pets:
    • If you have pets, you can share your wishes regarding who you would like to take care of them, their favourite things to do, their favourite foods and any quirks they have.
  8. Business or Financial Matters:
    • Share insights or wishes regarding any business interests, investments, or charitable contributions.
    • Provide information about any specific management or investment strategies you prefer.
    • Provide the details of your Estate planning lawyer and any financial advisor you use.
  9. Digital Assets and Passwords:
    • Include information about your digital assets and online accounts.
    • Provide access details or instructions for managing or closing these accounts.
  10. People to notify 
    • Include a list of people you would like your executors and trustees to notify of your death.

Update and Maintenance: Just as with your Will, a letter of wishes should be reviewed and updated regularly and particularly when circumstances change. 

Clear and Compassionate Language: A letter of wishes should be clear in language and the tone should be compassionate and considerate. These pages will be read by the executors and trustees to ensure that your intentions and wishes are adopted by them as closely as possible. It is important to avoid using language that may be perceived as coercive or contradictory to the legal documents. Instead, it should be a document that complements the more formal, legally binding documents like the will. 
A Letter of Wishes should be kept with your other estate planning documents where it can be accessible to your executor and trustee upon your death.  To seek assistance in the preparation of your estate documents contact us online or by phoning (02) 4050 0330.

Recent Articles

Stay Updated With Legal News
Subscribe To Our Newsletter

This field is for validation purposes and should be left unchanged.