There is no technical requirement regarding what type of language is necessary for a testator to create a remainder. Any words that “show it was the intention of the

"Precatory" Language Unless you practice law for a living, you are unlikely to have ever come across the word "precatory." It refers to words that express a desire, without imposing an affirmative duty. Thus, precatory language in a will is a recommendation to the executor.

See more. What does precatory mean? Relating to or expressing entreaty or supplication. (adjective) It is the language in this second sentence which is at issue and which the District Court determined created an express trust in favor of the children. The use of this latter sort of qualifying language in a will or instrument is referred to as "precatory" language. As stated in Bogert, supra § 19 at 41: 2010-09-08 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

Such language is known as precatory language. Precatory language is usually interpreted as an advisory message and not as a … 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 for the courts. "Precatory" traces to Latin precari ("to pray"), and it has always referred to something in the nature of an entreaty or supplication. For example, a precatory hymn is one that beseeches "from sin and sorrow … 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. Prior to the latter half of the nineteenth century the courts bent over backwards to find that testamentary language of a precatory kind revealed the intention to transfer on trust.

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.

Precatory language is often insufficient to create a legally binding trust. Men and women choose different language to express themselves. What is the connection between these two statements? Prefatory definition is - of, relating to, or constituting a preface.

Precatory words are prima facie construed to create a trust when they are directed to an executor, but no trust is created by precatory language directed to a

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. 29 Jul 2019 1. Here, then, the doubts about precatory words are reasonable doubts whether they clearly express an intention on the part of a testator. 2. So, Meaning and definitions of precatory, translation in Punjabi language for precatory with similar and opposite words. Also find spoken pronunciation of precatory Precatory words are prima facie construed to create a trust when they are directed to an executor, but no trust is created by precatory language directed to a 6 Nov 2017 The Court found the choice of words of the Testator having “full confidence” in the Bishop problematic as such precatory language expressed a 1 Jul 2011 language is mandatory, Article III is a specific bequest of Assets to Decedent's.

Define precatory. precatory synonyms, precatory pronunciation, precatory translation, English dictionary definition of precatory. also prec·a·tive adj. Relating to or expressing entreaty or supplication. American Heritage® Dictionary of the English Language, Fifth Edition. Many translated example sentences containing "precatory language" – French-English dictionary and search engine for French translations.
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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.

(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.
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Finally, the militia clause is what is referred to by lawyers as "precatory language." Latest News Media Claim: U.S. Note that if legislators were somehow! required to read all bills passed into law, they would just withdraw into precatory vagaries, and leave all the detail to bureaucrats.

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. 29 Jul 2019 1. Here, then, the doubts about precatory words are reasonable doubts whether they clearly express an intention on the part of a testator.