Memorandum of Wishes Standalone

A Memorandum of Wishes is a document that can be created alongside a trust to provide guidance to the executors or trustees about how the testator would like certain aspects of their estate to be handled. It is a non-binding document, meaning that it does not have the same legal effect as a trust, but rather serves as a statement of the testator's wishes.

In a Memorandum of Wishes, the testator may provide guidance on matters such as funeral arrangements, distribution of personal items, and how they would like their assets to be distributed. This can include specific gifts to individuals or charitable organisations, as well as more general guidance about how the assets should be divided.

Unlike a trust, a Memorandum of Wishes can be updated at any time without the need for a formal legal process. It is also not subject to the same legal requirements, such as the need for witnesses or notarisation, making it a more flexible option for expressing the testator's wishes.

While a Memorandum of Wishes is not legally binding, it can be a useful tool for providing additional information and guidance to the executors or trustees as they carry out the wishes expressed in the  trust. It can also be a helpful way for the testator to communicate their values and priorities to their loved ones, even if those wishes may not be legally enforceable.