For Muslims in England and Wales, making a will is an important step in protecting family, assets, and religious intentions. Alongside an English law-compliant Islamic will, many people choose to prepare a Letter of Wishes.
A Letter of Wishes is not a replacement for a will. Instead, it is a powerful supporting document that provides guidance, context, and personal direction to executors and trustees. Used correctly, it can help ensure your wishes are understood and respected without reducing the legal effectiveness of your will.
This guide explains the benefits of adding a Letter of Wishes with your will, how it works under English law, and why it is particularly valuable for Muslim families.
What Is a Letter of Wishes?
A Letter of Wishes is a written statement that accompanies a will or trust.
It allows you to explain:
- Your personal wishes and priorities
- How you would like executors or trustees to exercise discretion
- Religious, cultural, or family considerations
Unlike a will, a Letter of Wishes is usually not legally binding, but it carries significant practical weight.
How a Letter of Wishes Differs from a Will
It is important to understand the distinction.
A will:
- Is legally binding
- Distributes assets according to strict rules
- Must meet formal legal requirements
A Letter of Wishes:
- Provides guidance rather than enforceable instructions
- Can be written in more personal language
- Can be updated easily without rewriting the will
Used together, they provide both legal certainty and personal flexibility.
Why Letters of Wishes Are Valuable for Muslim Families
Muslim families often have considerations that go beyond standard legal instructions.
A Letter of Wishes can address matters such as:
- Islamic values and family expectations
- How trustees should balance competing needs
- Guidance on education, upbringing, or charitable priorities
These matters are often unsuitable for inclusion in a formal will but are highly important in practice.
Supporting an English Law-Compliant Islamic Will
An Islamic will must comply with English law and apply Islamic inheritance rules correctly.
A Letter of Wishes can:
- Explain the religious reasoning behind certain decisions
- Provide context for the one-third discretionary portion
- Help executors understand the spirit of the will
This can reduce misunderstandings and disputes.
Guidance for Executors
Executors are responsible for administering the estate.
A Letter of Wishes can help executors by:
- Explaining practical priorities
- Clarifying expectations around timing and communication
- Providing reassurance when difficult decisions arise
This is particularly helpful during emotionally challenging periods.
Guidance for Trustees
Where trusts are involved, trustees often have discretion.
A Letter of Wishes can:
- Explain how discretion should be exercised
- Highlight beneficiaries’ needs and circumstances
- Set out long-term family or charitable objectives
This guidance helps trustees act confidently and responsibly.
Using a Letter of Wishes for Children
Parents often use a Letter of Wishes to guide decisions relating to children.
This may include:
- Educational priorities
- Religious upbringing
- Use of trust funds for welfare and development
While not binding, this guidance is often followed closely.
Charitable and Waqf-Style Guidance
Many Muslims include charitable giving in their estate planning.
A Letter of Wishes can:
- Explain charitable intentions in more detail
- Guide trustees on long-term charitable priorities
- Support waqf-style objectives within English law
This helps ensure charitable goals are carried out thoughtfully.
Flexibility and Ease of Updating
One of the key benefits of a Letter of Wishes is flexibility.
Unlike a will:
- It can be updated without formal execution
- It can respond to changing family circumstances
- It allows evolving guidance over time
This makes it a practical planning tool.
Privacy and Sensitivity
Wills may become public documents during probate.
A Letter of Wishes:
- Remains private
- Allows sensitive matters to be addressed discreetly
- Reduces the risk of public disclosure
This can be particularly important for family and religious matters.
Common Mistakes to Avoid
Trying to Override the Will
A Letter of Wishes cannot contradict or replace the will.
Being Too Vague
Unclear guidance can create confusion rather than clarity.
Failing to Review the Letter
Outdated guidance may no longer reflect current intentions.
How Often Should a Letter of Wishes Be Reviewed?
A Letter of Wishes should be reviewed regularly, especially:
- After major life events
- When family circumstances change
- When updating your will or trusts
Keeping it up to date ensures it remains useful.
Is a Letter of Wishes Legally Effective?
While not legally binding, a well-drafted Letter of Wishes is usually taken seriously.
Executors and trustees generally follow it unless there is a strong reason not to.
Clear, thoughtful drafting increases its influence.
The Importance of Professional Advice
A Letter of Wishes should complement, not undermine, your will.
Professional advice helps ensure:
- Consistency with your Islamic will
- Appropriate tone and clarity
- Effective guidance without legal risk
How We Can Help
Our solicitors regularly advise Muslim families on wills, trusts, and Letters of Wishes.
We can assist with:
- Drafting English law-compliant Islamic wills
- Preparing clear and effective Letters of Wishes
- Trust and guardianship planning
- Regular reviews and updates
If you are preparing a will or reviewing your estate planning, we recommend considering a Letter of Wishes as part of a complete and thoughtful approach.
Used properly, a Letter of Wishes can provide clarity, compassion, and guidance for those you leave behind.
