The short answer: A letter of intent (also called a letter of wishes) holds the parts a will was never built for: why you chose to leave something to someone, how you want your funeral run, and what you want said to the people you love. It has no legal force of its own, so anything that must be enforced, who inherits what, who is in charge, belongs in the will instead. If the two ever disagree, the will wins.
A letter of intent is a plain letter you write to sit next to your will. It is not a legal document, so there is no required format, and no court will read it as your will. What it carries instead is context: your reasoning, your instructions, and your words to the people who will read it.
What Belongs in the Letter, Not the Will?
The letter is where you say the things a will’s formal language has no room for. It can hold anything personal, practical, or explanatory that doesn’t need to be legally enforced.
- Why you made a specific choice, such as why one child received the house and another received savings
- Funeral and burial preferences: music, readings, and who you’d like to speak
- Messages to specific people: a goodbye, an apology, a thank you, something you never got around to saying
- Practical instructions: who to call first, where the spare key is, how to care for a pet
- Where to find the documents your executor will need, including the will itself and your account details
If you want to guide whoever gives the eulogy, our eulogy template and examples can help them prepare.
What Must Stay in the Will Itself?
Anything that needs to be enforced by law belongs in the will: who inherits what, who is named executor, who becomes a guardian for minor children. According to Howells Law’s explanation of letters of wishes, an executor is legally bound to carry out the will but has no legal obligation to follow instructions written only in the letter. That means if the letter says something different from the will, the letter simply has no effect there.
If the Letter and the Will Disagree, Which One Wins?
The will wins, every time. Howells Law notes that any part of a letter of wishes that contradicts the will’s actual gifts is void. That’s the reason to write the letter after the will is settled, so it explains and adds to the will rather than working against it.
Does the Letter Need to Be Signed or Witnessed?
No. Weightmans’ overview of letters of wishes confirms the letter doesn’t need witnesses, a formal signature, or a notary to exist. That’s also its advantage over the will: you can rewrite or update it any time your circumstances or wishes change, with no formal will amendment required.
Who Controls Your Funeral Wishes, the Letter or the Law?
This depends entirely on your state, and the letter alone is not always enough.
| State | What a written letter can do | What makes it binding |
|---|---|---|
| Texas | Name an agent to control disposition of your remains | A signed written instrument overrides the default next-of-kin order, per the Texas Guide to Disposition of Remains |
| Utah | Name an agent to control disposition of your remains | Must be witnessed by two people or notarized; an unwitnessed letter has no legal force, per this state-by-state disposition guide |
If naming someone to handle your body or funeral matters to you, check what your own state requires before you rely on the letter alone.
What About Passwords and Online Accounts?
Put digital wishes in the platform’s own tool first, not only on paper. The Financial Planning Association explains that under the Revised Uniform Fiduciary Access to Digital Assets Act, an online account’s own after-death setting, such as a legacy contact or inactive-account option, overrides conflicting instructions left in a will or letter, in its explanation of the law. The letter is still useful for listing which accounts exist and where to find them: see our guide on which belongings you can put into your e-will.
Where Should You Keep the Letter?
Keep it with the will, not buried in a drawer somewhere else. Our end-of-life planner, field by field guide shows where a letter like this fits alongside your other documents, and our list of seven documents to fill out shows what else your executor will be looking for.
Don’t confuse this letter with a different document that shares part of its name: a letter of testamentary is a court-issued document that gives your executor legal authority to act. Your letter of intent is not that, and doesn’t replace it.
Frequently asked questions
Is a letter of intent legally binding?
No. It carries your instructions and reasoning, but according to Howells Law’s explanation of letters of wishes, your executor is only bound to follow the will. Anything in the letter that contradicts the will has no legal effect, so keep the will’s actual gifts and appointments accurate and current.
Can I rewrite the letter after I’ve written the will?
Yes, as often as you like. Weightmans’ guide to letters of wishes confirms the letter needs no witnesses or formal amendment process, unlike the will itself, so you can update it whenever your wishes or circumstances change.
Does naming someone to handle my funeral in the letter work?
It depends on your state. Texas gives priority to a signed written instrument naming an agent for disposition of remains, while Utah requires that same document to be witnessed by two people or notarized before it has any legal force.
Should I put my passwords in the letter?
List which accounts exist and where to find them, rather than the passwords themselves. Under the Revised Uniform Fiduciary Access to Digital Assets Act, an account’s own after-death tool, like a legacy contact setting, overrides whatever the letter or will says if the two conflict.
Myend’s free messages let you write this letter once and keep it exactly where your family will look, next to the will in your E-Will, so nothing about it gets lost or contradicts what the will already says.
This is general information, not legal, medical, or financial advice. Consult a licensed professional in your jurisdiction for guidance specific to your situation.
Last reviewed: September 2026
