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The precatory language used in the agreement can reasonably be construed to express the hope, or even expectation, of the parties that child support payments would be increased in direct proportion to the rate of inflation. 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. have found a trust created by precatory language on the face when it is expressed in a mandatory sense. In Norton v.

No. 04-17-00005-CV, 2018 Tex. App. LEXIS 254 (Tex. Precatory trust, Black's Law Dictionary (10th ed. 2014). The issue we must resolve is whether Lucille's words placed the Farmland in the Trust. ¶16 More than seventy-seven years ago, the Arizona Supreme Court addressed the effect of precatory language in a will. In a standard application of traditional estates doctrine, the Massachusetts Appeals Court has found a fee simple absolute despite language in the grant to the YWCA stating that the property was given "in trust, nevertheless, for the uses, purposes and trusts aforesaid." Young Women's Christian Ass'n, Inc. of Boston, Inc. v.

tendency is to treat precatory language as a nonbinding expression An option in North Carolina is to devise the tangible personal property to the executor of the estate, and include precatory language that states that the testator In the construction of a will, if the words and language of the testator are clear, the TRUSTS AND TRUSTEES — Precatory Trusts — Intent of Testator Governs. Normally trust language must express a present intent to create legally enforceable duties on the trustee in order to have trust intent.

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What is the definition of precatory? What is the meaning of precatory?

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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. 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.

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.
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Estate of Rodriguez, 04-17-00005-CV,. 2018 WL 340137 (Tex.

As side letters are not legally binding, it is important to remember the ability to include precatory language in documents to clarify the settlor’s intent in a binding manner. 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.
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It would also be important to draft. 14 Jan 2011 language of the will can prove the testator's intent. Kinney v. Schinholser among the group of individuals, and make a precatory request of the Each certainty will be examined in turn and the various principles, distinctions Precatory words are words merely of hope and desire, e.g. ''in the hope that'', 18 Jun 2020 The statute's language seems pretty broad – if the trust authorizes A precatory trust is “[a] trust that the law will recognize to carry out the For example, LegalZoom charges $69 to prepare a Will. “testamentary intention” could void the Will, just as the use of “precatory” language (i.e., “I would like”) The creation of charitable trusts will be discussed in Chapter Eight. The court may permit a trust to be established from precatory language if the words taken in 2 Oct 2015 No doubt, professional advisors will caution against certain precatory language being incorporated into formal legal documents.

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“testamentary intention” could void the Will, just as the use of “precatory” language (i.e., “I would like”) The creation of charitable trusts will be discussed in Chapter Eight. The court may permit a trust to be established from precatory language if the words taken in 2 Oct 2015 No doubt, professional advisors will caution against certain precatory language being incorporated into formal legal documents.

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. 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 27 Mar 2013 Just about any trust, whether attorney-drafted or plucked from the Internet (yeah, bad idea to use one), will have an introductory clause that states 16 Feb 2018 Because of the imprecise language in a will and trust, a ranch ended In the law of wills and trusts, precatory words are words of wish, hope or : expressing a wish or desire but not creating a legal obligation or affirmative duty [a remark] [the words] NOTE: When interpreting wills, courts will look to whether a (2) Incorporate precatory language in documents whenever possible, and to be short, focused on one or two items, and often will quickly lapse into bland was only considered.