The best method for including these provisions is to include them in a Memorandum of Wishes. This will accompany the Will and provide guidance and direction of the lifestyle she wishes her children to uphold.

A Memorandum of Wishes will include specific details of how she wishes for her brother to raise the children, for example, if she wishes for her children to go to public school – she can then specify the school and state the fees for this are to be taken out of the state. She is able to give as much detail as she wishes in her memorandum of wishes, for example, allow 1 holiday each year if this is convenient etc.

She can also leave a general note in the Memorandum of Wishes to the Executors to state that her brother is able to utilise the funds to raise her children in a reasonable manner- this will be overlooked by the Executors to ensure that these funds are utilised in line with her wishes.

A template for a Memorandum of Wishes is available on the Your Will be Done portal, at no additional cost.

Should she have specific wishes, if she can return to us with them we can give more specific and tailored advice.

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