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What becomes problematic is if the person writing the trust does not use definitive or 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 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. 11 Aug 2014 PRECATORY LANGUAGE: THE DANGER OF UNLIMITED DISCRETION Wording in a will or trust which allows a named person to decide 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 26 Jul 2018 Here, the “precatory” language was weakened because the document elsewhere used mandatory language like “shall.” The court also rejected 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 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 8 Nov 2016 "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 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.

One of the main purposes for making and leaving a will is to guide the administration of the estate of the testator--the person who made the will. A will should be written in language that is clear and indisputable. Alas, the language in a will may be unclear or vague.

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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. 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. Legal Definition of precatory.

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by precatory language such as "I desire""3 and "it is my earnest wish and desire."'" There are no rigid rules to follow in the interpretation of any will except to look at the entire will with a purpose to effectu-ate the true intention of its maker, and also consider the Translation for: 'precatory' in English->German dictionary. Search nearly 14 million words and phrases in more than 470 language pairs. 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 2021-04-01 · 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. Precatory Language, Ademption, and Abatement Precatory Language. A will may use language that expresses a hope or wish, but which does not state that the testator Ademption.

enChange Language. close menu. Language. English(selected) · español · português precatory precaution precautionary precautions prece Department of Oriental and African Languages. graine diable (Français), jequirity, crab's eye, rosary pea, johncrow bead, precatory bean, indian licorice. rosary pea or precatory bean. Överfört.
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McCord, 295 P.2d 734 (Wash. 1931) adjective. 1 formal Relating to or expressing a wish or request. More example sentences. ‘Finally, what is the incentive of accountants to follow the precatory guidance of the organisation?’.

1.1. Law (in a will) expressing a wish or intention of the testator.
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There must be a… precatory | definition: expressing entreaty or supplication | synonyms: precative, pleading, beseeching, imploring| antonyms: imperative, strident, desperate, exigent Precatory language is language that does not evidence the settlor's intent to transfer the property, but expresses a mere wish that it be transferred. Proper language to transfer property includes the words - "shall," "must", "transfer," etc. Precatory language is Synonyms for precatory in Free Thesaurus. Antonyms for precatory.

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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. 2019-12-28 · This video is unavailable. Watch Queue Queue.