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ARTICLE · 28 JUNE 2021

Statement of Wishes

What is a Statement of Wishes? What should it & should it not contain? Includes recent case example.

AustraliaFamily and Matrimonial

What is a Statement of Wishes?

Statement of Wishes (sometimes called Memorandum of Wishes or Letter of Wishes) is a non-binding document that provides guidance as to the object and purpose of Estate Planning documents and also allow the formal documents (such as a Will or Trust instruments) to remain flexible and broad.

Common uses include:

  • Wills – to provide guidance to the Executors and the Trustees of Trusts established under the Will.
  • Minor children – to provide guidance to Guardians of minor children appointed under a Will.
  • Potential contentious Estates – to provide reasoning to the Executor as to why a certain beneficiary is not named in a Will.
  • Discretionary Family Trusts – to provide guidance to the Appointors, Guardians and Trustees.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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