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Letter of Wishes

R199

Create a personal letter of wishes to guide your executor, trustees, guardians, and family about how you would like your estate, children, personal items, funeral wishes, and family matters handled.

A Letter of Wishes is a personal guidance document usually kept with a will or trust deed. It can assist executors, trustees, guardians, and family members by explaining the writer’s wishes about personal belongings, family values, minor children, funeral preferences, trust distributions, and sensitive decisions.

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South African legal context (2026 checklist)

A letter of wishes is generally not legally binding in the same way as a will or trust deed. It should not contradict the will or trust deed and should not attempt to dispose of assets in a way that should properly be dealt with in a valid will. It is best used as guidance rather than a substitute for formal estate-planning documents.

  • Wills Act 7 of 1953
  • Administration of Estates Act 66 of 1965
  • Trust Property Control Act 57 of 1988, where trustees are guided
  • Children’s Act 38 of 2005, where minor children are involved
  • South African common law of succession, trusts, and family arrangements

Use this as a starting point only. Verify current gazetted amendments, tribunal rules, and SARS / DOL circulars that may apply to your matter.

Typical questions we'll walk you through

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Who is writing the letter of wishes?
Who is writing the letter of wishes?
Is the letter linked to a will or trust?
Is the letter linked to a will or trust?
Who should receive the letter after death?
Who should receive the letter after death?
Are there personal belongings to be distributed informally?
Are there personal belongings to be distributed informally?
Are there wishes about minor children, education, religion, or family values?
Are there wishes about minor children, education, religion, or family values?
Are there wishes for trustees about distributions?
Are there wishes for trustees about distributions?
Are there wishes for funeral, burial, cremation, or memorial arrangements?
Are there wishes for funeral, burial, cremation, or memorial arrangements?
Are there sensitive family explanations to record?
Are there sensitive family explanations to record?
Should the letter be kept confidential?
Should the letter be kept confidential?
Where will the letter be stored?
Where will the letter be stored?

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