This guide to memoranda of wishes considers the development of memoranda of wishes and relevant case law, providing valuable guidance on how to construct a memorandum of wishes that will properly promote the settlor’s intentions and directions to trustees.  This text also considers the legal position of memoranda of wishes with respect to the Trusts Act – as core documents and in light of trustees’ disclosure obligations. :

Topics covered include:

    • Introduction to memoranda of wishes
    • The legal basis for a memorandum of wishes
    • Parameters of instructions and guidance that can be provided in a memorandum of wishes
    • Nominee settlors
    • Updating memoranda of wishes
    • Disclosure of memoranda of wishes
    • Nomination of “right” to provide a memorandum of wishes and intergenerational aspects
    • Capacity and fiduciary considerations
    • Retention and storage
    • Jurisdictional considerations
    • Precedent memoranda of wishes