Letters of Wishes

Upon accepting a trust, a trustee may be given a non-binding letter of wishes by the settlor.1 Such statements are designed to offer trustees of discretionary trusts some guidance in the exercise of their discretion. (For a typical letter of wishes, see How a Letter of Wishes Might Read, p. 49). When written by a non-attorney settlor, these letters may contain inconsistencies and raise questions.

Upon accepting a trust, a trustee may be given a non-binding letter of wishes by the settlor.1 Such statements are designed to offer trustees of discretionary trusts some guidance in the exercise of their discretion. (For a typical letter of wishes, see “How a Letter of Wishes Might Read,” p. 49).

When written by a non-attorney settlor, these letters may contain inconsistencies and raise questions. Yet they can be immensely helpful to trustees seeking to ascertain the settl

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