Will vs. Letter of Wishes: What’s the Difference (And Do You Need Both?)

Quick Answer

A Will is a legally binding document that outlines who inherits your assets and how your estate is handled. A Letter of Wishes is a non-binding, personal document that explains your reasoning, provides guidance, and adds context your Will isn’t designed to capture. They serve different purposes: one provides legal structure, the other provides human understanding. Many people use both to combine clarity with care.

What a Will Does (And Is Designed to Do)

A Will is a formal legal document with a specific role: to ensure your estate is distributed according to your instructions after you pass away.

It names your executor, identifies beneficiaries, and sets out legally enforceable directions about who receives what. Because it must hold up in probate, it’s written in precise legal language and follows strict formal requirements.

Wills are intentionally structured and specific. They’re updated infrequently because changes typically require legal processes, witnesses, and professional guidance. That formality is what gives them their authority, and it’s also what defines their limits.

A Will is designed to handle the legal framework of your estate. It isn’t meant to explain your values, share personal messages, or capture the nuance behind your decisions. That’s not a shortcoming. It’s simply not what the document is for.

What a Letter of Wishes Is (And Why It Exists)

A Letter of Wishes is a personal, non-binding document that sits alongside your Will. Its purpose is to provide the context and guidance that legal documents can’t.

You may also hear it called a letter of memorandum, memorandum of wishes, or estate wishes letter. While the terminology varies, the intent is the same: it’s a place to explain your thinking in your own words and offer guidance that reflects how you want things handled, not just what the law requires.

People often create a Letter of Wishes after completing a Will, when they realize there’s more they want to communicate. They may want to explain why certain decisions were made, how personal items should be passed on, or what matters most to them beyond legal instructions.

A Letter of Wishes exists because not everything meaningful belongs in a legal document. Some things need to be shared in a human voice, with room for warmth, nuance, and change.

Will vs. Letter of Wishes: A Side-by-Side Comparison

Legal Status

• Will: Legally binding
• Letter of Wishes: Non-binding guidance
  

Primary Purpose

• Will: Distributes assets according to law
• Letter of Wishes: Explains reasoning and provides context
  

Language & Tone

• Will: Formal, legal terminology
• Letter of Wishes: Personal, conversational
  

Update Frequency

• Will: Infrequent (requires legal process)
• Letter of Wishes: Can be updated anytime
  

Privacy

• Will: Becomes public record after probate
• Letter of Wishes: Can remain private
  

What It Captures Well

• Will: Asset distribution, executor appointment, guardianship
• Letter of Wishes: Personal reasoning, family dynamics, sentimental items
  

What It Doesn’t Capture

• Will: Emotional context, personal messages
• Letter of Wishes: Legally enforceable instructions
  

Who Drafts It

• Will: Typically a lawyer
• Letter of Wishes: You, in your own words

Both documents serve your estate plan, but in different ways. One ensures legal compliance. The other ensures understanding.

Why Many People Choose to Have Both

Most people who create a Letter of Wishes already have a Will. They’re not trying to replace their legal planning, they’re trying to complete it.

Here’s why both often make sense together:

Personal items that don’t belong in a Will.
Wills typically focus on major assets and legal distributions. They don’t realistically capture everything that matters — collections, jewelry, artwork, heirlooms, or personal belongings that carry emotional value. Including all of these in a Will can be impractical or inappropriate. A Letter of Wishes gives you a place to share how you’d like these items passed on, and why they matter.

Guidance for situations that require judgment.
Executors often face decisions that aren’t black and white. A Letter of Wishes can explain your values, priorities, and hopes, helping them navigate situations where legal instructions alone aren’t enough.

Reducing confusion and emotional guesswork.
During an already difficult time, uncertainty can lead to stress or conflict. A Letter of Wishes helps your family understand not just what you decided, but the intention behind it, which can be deeply reassuring.

Put simply: a Will answers what. A Letter of Wishes explains why.

Where Trusty Fits (Without Replacing Anything)

Trusty is designed to work with your existing estate plan, not replace it.

Trusty is your modern Estate Binder — the single place where your Will, your Letter of Wishes, and the broader context around your estate live together. It brings legal documents, personal guidance, and access into one clear, organized reference point.

At its core, Trusty exists to make sure the things that matter most aren’t lost, overlooked, or misunderstood. It connects important information to the people who will actually need it, so they can find what they’re looking for when the time comes, without digging through folders, inboxes, or half-remembered conversations.

Trusty lets you securely share the right information with the right people, whether that’s your executor, a family member, or an advisor, and be clear about what they should have access to and when. Nothing is left to chance. Nothing relies on someone “just knowing.”

If you already have a Will, Trusty doesn’t ask you to redo anything. It protects the work you’ve already done by making it accessible, understandable, and usable when it matters most.

Trusty doesn’t compete with your planning.

It ensures it actually works in real life.

Do I Need Both a Will and a Letter of Wishes?

You don’t need both, but many people find having both helpful.

This is especially true if you already have a Will, if you have meaningful personal items that aren’t easily addressed in legal documents, or if you want to reduce ambiguity for your family and executor.

A Letter of Wishes isn’t required. It doesn’t add legal weight. What it adds is clarity, and for many people, that’s what makes their estate plan feel complete.

If you’re unsure whether it makes sense for you, ask yourself one simple question: is there anything I’d want my family or executor to understand that my Will doesn’t explain?

If the answer is yes, a Letter of Wishes may be worth considering.

People Also Ask

Do I need a Letter of Wishes if I already have a Will?‍

You don’t need one, but many people use it to explain decisions and provide context their Will isn’t designed to capture.

Is a Letter of Wishes legally binding?‍

No. It’s a non-binding document that offers guidance and insight, not enforceable instructions.

What’s the difference between a Will and a Letter of Wishes?‍

A Will is a legal document that dictates asset distribution. A Letter of Wishes explains the reasoning and intentions behind those decisions.

Can I update my wishes without changing my Will?‍

Yes. Because a Letter of Wishes is non-binding, it can be updated anytime without legal processes or fees.

How does a Letter of Wishes connect to my Will?‍

It lives alongside your Will as part of your Trusty Estate Binder, bringing together legal instructions and personal context so your family and executor understand not just the outcomes, but the intentions behind them.

Your Estate Plan Can Be Both Clear and Human

If you have a Will, you’ve already taken a meaningful step toward protecting the people you care about. A Letter of Wishes simply builds on that foundation by adding clarity, context, and care.

You’re not redoing legal work. You’re not complicating your plan. You’re making it easier for others to understand your decisions when you’re not there to explain them.

Estate planning doesn’t have to be all-or-nothing. It can evolve over time, one thoughtful step at a time.

Read: What Is a Letter of Wishes
Read: How Trusty Fits With Your Will & Estate Plan

Start your Estate Binder with Trusty

‍