Virginia General Guidelines for Writing a Letter of Intent and Communicating Your Wishes to the Guardians, Trustees and the Courts about Your Child

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Description

This type of a Letter of Intent is a document that you may prepare to help the guardians, trustees and the courts interpret your desires for your child. It is not a formal "legal" document, but most courts will generally look to it for guidance in understanding your child and your wishes. The courts tend to favor the family's wishes as long as they are not illegal or immoral. Should anything happen to you, the future guardians and/or trustees will have the information that will guide them in understanding your child's unique history and which will assist them in maintaining the quality and consistency of life which is so essential to any special child.


This Letter of Intent is a living document that should be updated and added to on a regular basis throughout your life. You may want to set aside an anniversary date to review your letter every year, and make needed changes. At other times events will require the letter to be changed immediately, such as noting a bad reaction to a specific medication. When you need to make changes you may only need to rewrite that portion of the letter. Placing the information on a computer for easy updates is one way to keep the document current.

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  • Preview General Guidelines for Writing a Letter of Intent and Communicating Your Wishes to the Guardians, Trustees and the Courts about Your Child
  • Preview General Guidelines for Writing a Letter of Intent and Communicating Your Wishes to the Guardians, Trustees and the Courts about Your Child
  • Preview General Guidelines for Writing a Letter of Intent and Communicating Your Wishes to the Guardians, Trustees and the Courts about Your Child
  • Preview General Guidelines for Writing a Letter of Intent and Communicating Your Wishes to the Guardians, Trustees and the Courts about Your Child

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FAQ

A Letter of Wishes is considered to be a non-binding document. Therefore, while it is highly recommended as an accompaniment, it should not be used to do the heavy lifting of your estate plan. Your trustees and executors are not obligated to exactly follow the letters, though they will more often than not do so.

Letters to guardians ? The guardians appointed in your Will are responsible for making decisions about the welfare of your children should you pass away before they reach 18. A letter of wishes is a good way to provide guidance to your guardians about the upbringing of your children.

Suggested wording: I am conscious that my Will makes no provision for (child/spouse/relative's name). ... I am happy for my trustees to distribute up to £10,000 to (name). This letter of wishes does not revoke or alter the provisions of my Will. This communication to my trustees is to be regarded by them as privileged.

In trust law, a letter of wishes is a tool used by a settlor when setting up a trust, to pass along information to the trustees. A letter of wishes usually contains instructions or extra information for the trustees.

The Letter of Wishes should be stored with your Will, or accompany it in a safe place (that your executor(s) knows about), but should not be attached to your Will in any way, as it could invalidate it.

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Virginia General Guidelines for Writing a Letter of Intent and Communicating Your Wishes to the Guardians, Trustees and the Courts about Your Child