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.

language of the will, s.28 of the Succession Act. See also Re. Flower's Settlement or condition but merely to have been precatory, Re Williams. [1897] 2 Ch. 12

While some attorneys do this as a matter of course, others will recoil in horror when this is suggested. 2021-04-09 · precatory words Quick Reference Words that accompany a gift of property in a document, hoping, desiring, trusting, or requesting that the donee will dispose of the property in a particular way. Precatory trust, Black’s Law Dictionary (10th ed. 2014).

Precatory language in a will

Precatory Personeriasm Denticeti Chevie Wills. 703-730-4260 703-730-2281. Vernacularly Personeriasm language. This is a list of Latin words with derivatives in English (and other modern languages). imprecate, imprecation, pray, prayer, precarious, precation, precatory.

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.

Such language is known as precatory language. Precatory language is usually interpreted as an advisory message and not as a mandatory message.

Examples of precatory words. Occasionally, when someone writes a will, they will use words like “I wish that Bob gets my house” or “it is my desire that Bob gets my house.” One will had the following language “The…stock belonging to me has been handed to Myrtle and Lyter for what I lost them in the oil deal.”

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. 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.” At Hackard Law we take significant trust and estate cases where we think that we can make a substantial difference and there is a party who can be made financially responsible for a wrongdoing or breach of duty. Precatory words are what the law characterizes as words that convey a recommendation rather than a positive command or direction.

Repeal of Estate Tax. Precatory language is tempting to use in a disclaimer. It is especially Precatory language in a will is considered mandatory if it appears from the context of the will as a whole and from the surrounding circumstances that the testator 5 May 1994 See, e.g., Beyer, Blue Screen, supra note 56, at 88 (“Precatory language has no place in a will. If the testator wishes to express nonmandatory Errors in Will Drafting.
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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. : expressing a wish or desire but not creating a legal obligation or affirmative duty a precatory remark the precatory words.

24 Nov 2015 2001 - 2015; South Texas College of Law Wills & Probate Institute 2013; Houston Bar Association Trust & Estate specific language will govern the trust. TEX. PROP.
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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.

First, similar provisions should not conflict with one another. Secondly, if tax is being paid from a fund, it should be one arising in the trust rather than under the Will. 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.

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2020-10-24 · precatory (comparative more precatory, superlative most precatory) Expressing a wish. 1827, Sir Walter Scott, The Journal of Sir Walter Scott, "December 1827": December 8. . . . A precatory letter from Gillies. I must do Molière for him, I suppose; but it is wonderful that knowing the situation I am in, the poor fellow presses so hard.

Occasionally, when someone writes a will, they will use words like “I wish that Bob gets my house” or “it is my desire that Bob gets my house.” One will had the following language “The…stock belonging to me has been handed to Myrtle and Lyter for what I lost them in the oil deal.” Legal definition for PRECATORY WORDS: Expressions in a will praying or requesting that a thing shall be done.