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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33310
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Can the making of a Letter of Wishes be referred to within

Customer Question

Can the making of a Letter of Wishes be referred to within a Will without bringing the Letter of Wishes within the Legal Domain of the Will, i.e. a Public Document that does not enjoy privacy and confidentiality?
Submitted: 8 months ago.
Category: Law
Expert:  Clare replied 8 months ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstCould you explain a little more about what it is that you wish to know?
Customer: replied 8 months ago.
I am compiling a standard Will and a Letter of Wishes. The Letter of Wishes contains confidential information regarding the reasons for the way my estate etc. is to be dealt with after my death. Can I make reference to the Letter of Wishes in the Will (i.e. I have compiled and signed and dated a Letter of Wishes.) without compromising the confidentiality of the Letter of Wishes (i.e. It to be produced together with the Will due to it being referenced to within the Will). It is imperative that the existence of the Letter of Wishes is known but I do not wish the contents to become a Public Document. Many thanks.
Expert:  Clare replied 8 months ago.
Is the letter designed to be binding on the Executors
Customer: replied 8 months ago.
Dear Sir,
In answer to your question, should you wish the contents of the letter to be binding on the Executors I would advise a) blah blah blah
Should this not be the case I would advise b) blah blah blah.Other issues to consider are c) blah blah blah and I would advise as follows....Dear Clare, I am 72 hours and £38 down and still none the wiser. No wonder they call it "practicing" law. 1/5 #Fail
Expert:  Clare replied 8 months ago.
This is a question and answer forum which inevitably means that it can take time to establish exactly what it is that is requiredTo give any form of detailed legal advice would need to involve a clear idea of the background to the question and what it is exactly that youare trying to achieve.Within this forum the information that we can give is limited as it is a reflection of the limited information that is available given the public nature of the exchanges.It is indeed posisble to reference a letter of Wishes within a Will without it actually becoming a Public document - indeed that is one of the reasons they are used.However if those who are excluded from the Will chose to mount a legal challenge then clearly the contents of the letter will need to be disclosed as part of the defencePlease ask if you need further detailsClare

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