This is a list of Latin words with derivatives in English (and other modern languages). imprecate, imprecation, pray, prayer, precarious, precation, precatory.

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Errors in Will Drafting. □ 15. Use of precatory language. ▫ I hope. ▫ I wish. ▫ I desire. ▫ I recommend. ▫ It would be nice if. 32 

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 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. 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 ( precatory) and thus only morally binding an thus an outright bequest. Killam v Killam 2017 BCSC 175 contains an exhaustive review of the rules of construction in deciding whether the In the law of wills and trusts, precatory words have been defined as words of wish, hope, desire or entreaty accompanying a gift, that the done will dispose of property in some particular way, which may show that a trust was intended.” [At para. 25.] 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 language in a will

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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. 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 ( precatory) and thus only morally binding an thus an outright bequest. Killam v Killam 2017 BCSC 175 contains an exhaustive review of the rules of construction in deciding whether the In the law of wills and trusts, precatory words have been defined as words of wish, hope, desire or entreaty accompanying a gift, that the done will dispose of property in some particular way, which may show that a trust was intended.” [At para. 25.] 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. Thus, precatory language in a will is a recommendation to the executor. Examples of Precatory Language Here's an example pulled from an old case here in New York: "It is my wish and desire that my said wife shall pay the sum of three hundred dollars a year to my sister-in-law Miss Nellie Post." Nowadays, you're most likely to see "precatory" used in legal contexts to distinguish statements that merely express a wish from those that create a legal obligation.

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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 ( precatory) and thus only morally binding an thus an outright bequest. Killam v Killam 2017 BCSC 175 contains an exhaustive review of the rules of construction in deciding whether the

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. Thus "precatory words" in a will or trust would express a "hope that my daughter will keep the house in the family," but do not absolutely prevent her from selling it.

Precatory language in a will

Essentially, precatory language is the act of verbally promising someone that he or she will get something. It may be specific or more general. Either way, it does not replace a will. For instance, one woman said that her father, as he got older, told her repeatedly that his assets would be used to care for her after he passed away.

Precatory language in a will

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Precatory language in a will

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Precatory language in a will

an elderly parent – with precatory instructions to use the monies for the benefit of  1 Jun 2016 basic tenets of wills law, namely that a testator's will controls only the property he owns so as to carry them beyond mere precatory language.

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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.

If the testator wishes to express nonmandatory  Errors in Will Drafting. □ 15. Use of precatory language. ▫ I hope.


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Precatory Words Law and Legal Definition 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 document, hoping, desiring, trusting, or requesting that the donee will dispose of the property in a particular way.

According to Black’s Law Dictionary, “mere precatory words or expressions in a trust or will are ineffective to dispose of property. Language in the will about decedent’s “desire” that family business companies remain owned by family was merely precatory. Window and one of four children served as co-executrices of decedent’s estate and co-trustees of two trusts created by his will. The remaindermen of the trusts were decedents’ four children.