Precatory Language. As side letters are not legally binding, it is important to remember the ability to include precatory language in documents to clarify the settlor’s intent in a binding manner. While some attorneys do this as a matter of course, others will recoil in horror when this is suggested.

Precatory language in a will or trust usually includes such terms as the testator's " request," "hope," or "desire" that property be given to a certain person or be

url=http://books.google.com/books?id=E4QP2wKp-NIC&lpg=PA40&dq=%22precative%22&pg=PA40#v=onepage&q=%22precative%22&f=false. precatory. enChange Language. close menu. Language. English(selected) · español · português precatory precaution precautionary precautions prece Department of Oriental and African Languages.

Translation for: 'precatory' in English->German dictionary. Search nearly 14 million words and phrases in more than 470 language pairs. Precatory Language. As side letters are not legally binding, it is important to remember the ability to include precatory language in documents to clarify the settlor’s intent in a binding manner. While some attorneys do this as a matter of course, others will recoil in horror when this is suggested. have found a trust created by precatory language on the face when it is expressed in a mandatory sense.

If the word 'trust' is used, then it AdjectiveEdit (law) Expressing a wish but not creating any legal obligation or duty. precatory words in a will. SynonymsEdit.

10 Nov 2020 7. Justice Breyer introduced the world to the words “hortatory” and “precatory.” By way of comparison to the individual mandate lacking a penalty,

It often happens that a gift in a will fails because the property that the will claims to give away is not in Abatement. Precatory language in a will or trust usually includes such terms as the testator's "request," "hope," or "desire" that property be given to a certain person or be disposed of in a particular manner. Whether such language can be viewed as mandatory, thus creating an enforceable will or trust, or whether it merely expresses the testator's wish to have something done has been a difficult issue precatory language Words in a will or a trust used by the testator (the person making the will) or settlor (the person making a trust) to express a wish or desire to have his or her property disposed of in a certain way or to have some other task undertaken, which do not necessarily impose a mandatory obligation upon anyone to carry out the wish.

When interpreting wills, courts will look to whether a direction is precatory or mandatory in carrying out the testator's intent. Thus, courts generally will not construe language to create a trust if the language is only precatory and there is no evidence that the language was intended to create a trust.

Window and one of four children served as co-executrices of decedent’s estate and co-trustees of two trusts created by his will. Synonyms for precatory in Free Thesaurus. Antonyms for precatory. 1 synonym for precatory: precative. What are synonyms for precatory? When interpreting wills, courts will look to whether a direction is precatory or mandatory in carrying out the testator's intent. Thus, courts generally will not construe language to create a trust if the language is only precatory and there is no evidence that the language was intended to create a trust.

adj. referring to a wish or advisory suggestion which does not have the force of a demand or a request which under the law must be obeyed. Thus "precatory words" in a will or trust would express a "hope that my daughter will keep the house in the family," but do not absolutely prevent her from selling it. Non Binding (Precatory) words in a will were found not to create a trust that was legally binding on the trustee, but instead that the words were non binding (precatory) and thus only morally binding an thus an outright bequest. precatory language Words in a will or a trust used by the testator (the person making the will) or settlor (the person making a trust) to express a wish or desire to have his or her property disposed of in a certain way or to have some other task undertaken, which do not necessarily impose a mandatory obligation upon anyone to carry out the wish.
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Legal definition for PRECATORY WORDS: Expressions in a will praying or requesting that a thing shall be done. 2. Although recommendatory words used by a testator, of themselves, seem to … “Precari” means “to ask”, “beg”, “entreat”, “beseech”, “pray”, “supplicate”, “call upon”, or “request”.

precatory. adj. referring to a wish or advisory suggestion which does not have the force of a demand or a request which under the law must be obeyed.
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Precatory Language. A will may use language that expresses a hope or wish, but which does not state that the testator directs anything in particular, if at all. Such language is known as precatory language. Precatory language is usually interpreted as an advisory message and not as a mandatory message.

'I would like') could render the dispositions In the 18 th and 19 th century, the Court of Chancery quite readily construed ' precatory' words as creating a trust. However, now modern courts are still at Recommended Citation. Vincent, H. W. (1935) "Trusts--The Creation of a Trust by the Use of Precatory Words," Kentucky Law Journal: Vol. 23 : Iss. 3 , Article. 11. 14 Dec 2019 And it is both my desire and my hope that the trend toward clarity of purpose continues. In the case of what we term precatory language, we can (a) Precatory language regarding its intended purpose of providing supplemental goods and services to or for the benefit of the beneficiary, and not to supplant 24 Jul 2018 Helpful language: Although arguably precatory, language conveying the intent of the trustor is useful, such as language indicating the intent is 29 Aug 2019 Unnecessary and perhaps counter-productive precatory language may be avoided by clear and explicit instructions with no words that may 3 Feb 2018 A court's analysis regarding whether particular words are precatory or Id. The court noted that the language granting the power to sell the Precatory language is a legal term that essentially means language that expresses wishes or desires, but does not create legal obligation. All the niceties one 16 Jan 2020 Precatory language that is used to provide information or to express wishes and desires, but does not oblige the trustee to act in either a Most other provisions of the Virginia Declaration, like those of the similar state declarations that followed, were phrased in the precatory language of “oughts.

precatory language did not give the beneficiary a power of appointment. 4 settlor is clearly expressed in a document - either in an inter-vivos instrument or in a testamentary document. Yet even though the intent may be expressly stated, the trust may still fail for

Unless you practice law for a living, you are unlikely to have ever come across the word "precatory." It refers to words that a trust when precatory words or expressions are used. I BACKGROUND. AA trust is, generally speaking, a device whereby a trustee manages property as a As Ross argued before us, words are not meaningless merely because they impose no legal obligation. Parties frequently include precatory language in Family dynamic (Chang). • Precatory words (see below – intention in testamentary trusts).

Smith" a trust was held to be created by the language, "It is my will that at her death she will to our respective families whatever she may have making an equal division thereof." Look at other dictionaries: precatory trust — /prɛkətəri ˈtrʌst/ (say prekuhtuhree trust) noun Law a trust (def. 9a) construed from the use of precatory words, if these can be regarded as an intention to impose a trust and not merely the expression of a wish … "Precatory words" are often found in trusts or wills and cause great difficulties when courts try to find the real intention of the settlor or testator, For example, the words "all my property to my wife to be disposed of as she may deem just and prudent in the interest of my family" were found to be "precatory" and did not constitute a trust for family members other than the wife.