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Letter of Wishes

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Letter of Wishes
A letter of wishes is a document that purportedly has no legal status.
    
In fact the document is used to transmit the wishes of the creator or the alleged owner of the Trust to the trustee. A letter of wishes is a separate document and not a part of the Trust instrument. Letters of wishes are generally used by the beneficial owner of the Trust assets to retain some control over the Trust assets. Trustees normally welcome this tool. It enables them to Exercise their discretion having in mind the wishes of the Grantor. The trustee may consider the letter but is not bound or otherwise accountable by its terms.
    
In reality the letter of wishes Will be honored as if it were a binding legal document. Although a letter of wishes is frequently associated with abusive trusts, both domestic and offshore, it is also used as a part of normal estate planning and in other contexts for legitimate purposes.
    
Letters of wishes are useful where a Trust instrument gives the trustees very wide powers and discretions. The letter of wishes principally sets out the manner in which the settlor wishes the trustees to Exercise their powers and discretions, but is not binding on the trustees. All binding requirements must be contained in the Trust instrument itself. It is also quite common for letters of wishes to make posthumous expressions of thanks or love to the objects of the Trust.
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