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Exploring Precatory Words: Definition and Legal Implications
Definition & Meaning
Precatory words are phrases used to express a wish or desire for someone to take a specific action, particularly regarding the disposition of property. These words are often found in wills and trusts, where the person making the gift hopes that the recipient (or donee) will manage the property in a certain way. For example, a testator might say, "It is my wish and desire that my estate be divided among my children." While these words convey intent, they do not create a legally binding obligation.
Table of content
Legal Use & context
Precatory words are primarily used in estate planning and probate law. They often appear in wills, trusts, and other legal documents where a person expresses their wishes regarding the distribution of their assets. While these words indicate a desire for certain actions to be taken, they are not legally enforceable unless they meet specific criteria that establish an express trust. Users can manage their estate planning needs using templates from US Legal Forms, which provide guidance on how to incorporate precatory words effectively.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A grandmother leaves a note in her will stating, "I hope my grandchildren will use their inheritance to fund their education." This expresses her desire but does not create a legal obligation for them to do so.
Example 2: A testator states, "It is my wish that my house be used as a family gathering place." This indicates intent but is not enforceable unless it meets the criteria for an express trust. (hypothetical example)
State-by-state differences
State
Notes
California
Precatory words may be interpreted more liberally, allowing for a broader understanding of intent.
New York
Specific language is often required to create enforceable trusts, making precatory words less effective.
Texas
Texas courts may enforce precatory words if they clearly indicate the testator's intent.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Differences
Mandatory Words
Words that create a binding obligation for the recipient.
Mandatory words impose a legal duty, while precatory words do not.
Express Trust
A trust explicitly created by the grantor's words or actions.
Precatory words may lead to an express trust if they meet specific criteria, but they are not inherently binding.
Common misunderstandings
What to do if this term applies to you
If you are drafting a will or trust and wish to include precatory words, consider using templates from US Legal Forms to guide you. Ensure that your intent is clear and that you specify the property and beneficiaries involved. If your situation is complex or you have specific legal questions, consulting a legal professional is advisable to ensure your wishes are accurately reflected and enforceable.
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