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Memorandum Of Wishes

Memorandum Of Wishes Template for Ireland

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Key Requirements PROMPT example:

Memorandum Of Wishes

"I need a Memorandum of Wishes to accompany my trust deed that provides detailed guidance for managing my family business interests and ensuring fair distribution among my three adult children, with specific emphasis on maintaining business continuity and preserving family harmony."

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Document background
The Memorandum of Wishes is a vital estate planning tool in Irish legal practice, typically created alongside a trust deed or will. While not legally binding, it provides trustees and executors with valuable insight into the settlor's or testator's intentions regarding asset management and distribution. This document is particularly useful when there are complex family situations, specific wishes for asset distribution, or detailed guidance needed for trustee decision-making. It allows for more informal and detailed instructions than might be appropriate in a formal trust deed or will, while preserving the trustees' legal discretion. The document can be updated over time to reflect changing circumstances without requiring formal amendments to the associated trust or will, making it a flexible instrument in Irish estate planning.
Suggested Sections

1. Introduction: Identifies the author of the memorandum, the related trust or will, and the date

2. Purpose: Explains that this is a non-binding memorandum to provide guidance to trustees/executors

3. Relationship to Trust/Will: Identifies the specific trust or will this memorandum relates to and confirms it doesn't override the formal document

4. General Principles: Overall philosophy and values that should guide the trustees in their decisions

5. Beneficiary Considerations: General guidance about the needs and circumstances of beneficiaries

6. Distribution Preferences: Specific wishes regarding how and when assets should be distributed

7. Asset Management: Guidance on how specific assets should be managed or maintained

8. Declaration: Confirmation that these are current wishes and may be updated, with signature and date

Optional Sections

1. Family Background: Additional context about family dynamics and relationships, useful when there are complex family situations

2. Education Preferences: Specific guidance about educational support for beneficiaries, relevant when education is a key consideration

3. Business Interests: Guidance on managing business assets or interests, included when there are business assets in the trust/estate

4. Special Needs Provisions: Specific guidance for beneficiaries with special needs or requirements

5. Charitable Intentions: Guidance on charitable giving or establishing charitable foundations

6. Personal Items Distribution: Specific wishes regarding personal or sentimental items

7. Tax Planning Considerations: Guidance on tax-efficient distribution and management, relevant for larger estates

8. Investment Preferences: Guidance on investment strategy and risk tolerance, relevant for larger trusts

Suggested Schedules

1. Schedule of Assets: Detailed list of specific assets referenced in the memorandum with any special instructions

2. Schedule of Beneficiaries: Detailed information about beneficiaries and their circumstances

3. Family Tree: Visual representation of family relationships to provide context

4. Letters to Beneficiaries: Personal messages to specific beneficiaries to be delivered at appropriate times

5. Charitable Organizations: List of preferred charitable organizations and causes

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions

























Clauses

























Relevant Industries

Legal Services

Wealth Management

Private Banking

Estate Planning

Trust Services

Family Office

Financial Services

Professional Services

Insurance

Asset Management

Relevant Teams

Legal

Wealth Management

Private Client Services

Estate Planning

Trust Administration

Private Banking

Tax Advisory

Family Office Services

Succession Planning

Client Advisory

Relevant Roles

Trust Officer

Estate Planning Attorney

Private Client Lawyer

Wealth Manager

Financial Advisor

Tax Consultant

Trust Administrator

Private Client Advisor

Estate Planning Consultant

Probate Specialist

Family Office Manager

Trust and Estate Practitioner

Private Banking Manager

Succession Planning Advisor

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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