Precatory words. As a general rule, language contained in a Will or Trust such as “wish,” “want,” “recommend,” or “desire” is merely an expression of the decedent’s wishes or desires; it is not legally binding on the donee.

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. In Norton v. 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.

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. A precatory trust is an express trust that is created with language that expresses a future intent or a wish, but in which the court nevertheless finds legally enforceable duties. Normally trust language must express a present intent to create legally enforceable duties on the trustee in order to have trust intent . If there is no trust intent, the trust fails. PRECATORY Having the nature of prayer, request, or entreaty; conveying or embodying a recommendation or advice… RECOMMENDATORY Precatory, advisory, or directory.

Precatory words refer to words requesting, recommending, or expressing a desire for action, in a nonbinding way. These words accompany a gift of property in a

Översätt precatory på AlbanianKA online och ladda ner nu vår gratis översättare som du kan använda när som helst utan kostnad. adjective. 1formal Relating to or expressing a wish or request.

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 …

.”. Precatory words are often used in wills and similar documents. (2) "Precatory language" means language that: (A) Is not binding on any trustee , trust advisor, or trust protector; (B) Expresses the settlor’s wishes regarding the exercise of any discretionary power by a trustee, trust advisor, or trust protector; and II WHAT ARE PRECATORY WORDS? PRECATORY is defined as Ahaving the nature of prayer, request, or entreaty; conveying or embodying a recommendation or advice or the expression of a wish, but not a positive command or direction.@14 PRECATORY WORDS are AWords of entreaty, request, desire, 11 Woodcock v. McCord, 295 P.2d 734 (Wash. 1931) adjective. 1 formal Relating to or expressing a wish or request.

: expressing a wish or desire but not creating a legal obligation or affirmative duty a precatory remark the precatory words. Note: 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. 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.
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A will should be written in language that is clear and indisputable.

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re Gartenlaub's Estate, 185 Cal. 375, 197 Pac. 90 (1921); Mandeville's Es- tate, 286 Pa. 368, 133 Atl. 562 (1926); cf. Matter of Osborne, 209 N. Y.. 450, 103 N. E.

What are synonyms for precatory? Just to avoid the headache, I wish that trust language could be clearer. 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 infer “that the transferor intend[ed] to leave it to the transferee to decide whether or not to follow the suggestion.” 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 leave the devisee to act When interpreting wills, courts will look to whether a direction is precatory or mandatory in carrying out the testator's intent.

1 Jul 2011 language is mandatory, Article III is a specific bequest of Assets to Decedent's. Children. If the language is precatory, Assets will pass under

'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.

Such language is known as precatory language.