Letter of wishes 26 January 2020 at 3:38PM in Marriage, relationships & families 6 replies 731 views

bouicca21

I’ve been told that it might be advisable to write a letter to explain why I have left someone out of my will. I very much doubt this person would mount a challenge, but belt and braces ...

Should such a letter be witnessed or is a signed holograph going to be OK?

MovingForwards

It's a private letter your write and is only open / used if the person disputes the will.

So just do
Mr Bob Smith
1 Anytown
City
Post code

Date

Dear Bob Smith

I have not made a provision in my will due to the following:

1. You have had no contact with me since 1942 after you left the family home.

2. I sent you Christmas cards and birthday cards to keep communication open between us.

3. Blah blah

Yours sincerely

Bouicca

Signed
Dated

Mojisola

bouicca21 wrote: »

I’ve been told that it might be advisable to write a letter to explain why I have left someone out of my will. I very much doubt this person would mount a challenge, but belt and braces ...

Should such a letter be witnessed or is a signed holograph going to be OK?

My parents were advised to do this because they didn't divide their estate equally between their children (for a very good reason).

Although we were all happy with their plans, the solicitor got them to write a letter explaining their reasons in case any of us got stroppy after their deaths.

It was just a page listing their reasons and signed and dated - not addressed to anyone in particular. The solicitor kept the letter with their wills.

Sea_Shell

The other way of doing it is to leave them £10 in the will to show they haven't been left out or forgotten!

[Deleted User]

I've made a short statement in my will that I don't want x to receive anything. As advised by my solicitor.

Mojisola

_shel wrote: »

I've made a short statement in my will that I don't want x to receive anything. As advised by my solicitor.

This works unless you want such information to be kept private. Anyone can buy a copy of a will after probate; a letter stays private.

TBagpuss

As others have said, it doesn't ned to be witnessed, it can be a 'to whom it may concern' or could be addressed to your executors - do make sure that you sign and date it and set out briefly why you have chosne not to include them.

e.g.

"TO Whom it may concern - to be read together with my will of [date]

I confirm that I chose not to make any gift to my brother John in my will. My reasons for this decision are that we have had very little contact with one another over the past 20 years, s I feel I would prefer my estate to go to the family members whom I have had a close and continuing relationship with. "

Or whatever the reason is. You can also say that you wish the letter to be disclosed only in the event that an issue arises about challenging the will or seeking to claim against the estate - to make it clear you don't expect your executors to go out of their way to tell the person what you said unless it becomes necessary.

It's also sensible to speak to you executors directly so they know the situation, but this is not compulsory if you are not comfortable,

If the reason is financial - e.g. you've already lent them money which hasn't been repaid, you may wish to include provision in the will to say that the loan is converted to a gift, and if you have already given them money, include this in the letter.