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When preparing an estate plan, many clients give careful thought to the legal and financial structure of their Will. However, the personal preferences and practical guidance that help bring those instructions to life are often overlooked. A Memorandum of Wishes is a private, informal document that accompanies your Will, offering guidance to executors and trustees on how you would like them to approach day-to-day decisions, family sensitivities and other personal matters. While not legally binding, these documents provide valuable context, maintain privacy around your wishes and have been found to carry persuasive weight.
What is a Memorandum of Wishes?
A Memorandum (also called a Letter or Statement of Wishes) is a separate document that complements, rather than replaces, your Will. It is signed and dated but not executed with the same formalities, so you can update it as frequently as you like. Courts recognise that executors are free to depart from it, but in most estates they follow it unless it conflicts with the Will.
Key reasons to prepare one
- Adds colour and context – explains the why behind your bequests.
- Reduces the risk of disputes by recording reasons for unequal gifts.
- Keeps personal or sensitive matters out of the public probate file.
- Allows quick updates without redrafting the Will.
- Guides trustees of testamentary trusts on investment style, support for children or charitable aims.
Limitations to keep in mind
- Guidance only – it cannot override the Will or any binding nominations for superannuation or insurance.
- Vague wording can cause confusion.
- It is not the place for clauses that must be legally enforceable, such as trust terms.
- If it contradicts the Will, the Will prevails so cross‑check before signing.
What you can cover
- Guardianship wishes for minor children – schooling, cultural or religious upbringing and contact with family.
- Educational and welfare guidelines for young beneficiaries, including spending limits or milestones for lump sums.
- Support frameworks for beneficiaries with disability, mental illness or addiction.
- Succession plans for the family business, for example the qualities you expect in a successor director.
- Funeral preferences in greater detail than the Will, including music, rituals or donation requests.
- Digital assets – passwords, social media instructions and photo archives.
- Care arrangements and funding for pets.
- Broader family values such as encouraging work ethic, philanthropy or maintaining family gatherings.
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Common misconceptions
- It is not a secret way to change the Will. Any conflicts will be resolved in favour of the Will.
- Executors are not compelled to follow it, although ignoring clear and reasonable wishes is rare.
- You do not need to be wealthy to gain value from the preparation of a Memorandum of Wishes.
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Final thoughts
A well‑crafted Memorandum of Wishes brings humanity to the estate plan. It tells your family not just what you have left them, but why, and how you hope they will use it. For a modest investment of time, you can spare loved ones from guesswork and potential conflict, and ensure that your personal values are set out clearly and in your own way.
Disclaimer: This information provides general guidance on will-making in Victoria, Australia, but does not constitute legal advice. Laws vary between states and territories and change over time. For advice specific to your situation, please consult with a qualified Victorian legal practitioner.
