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KembaraXtra – Legal Terms – Precatory Words
Precatory words are expressions in legal documents that suggest a wish or request rather than a command.
Examples include words such as “hope”, “desire”, “trust”, or “request”.
The main legal issue is whether such wording creates a binding trust obligation or merely expresses a non-binding wish.
Courts examine the entire context of the document to determine the intention of the person making the disposition.
Modern legal interpretation usually avoids construing precatory wording as creating a trust unless the obligation is clearly mandatory.
Precatory words are expressions in legal documents that suggest a wish or request rather than a command.
Examples include words such as “hope”, “desire”, “trust”, or “request”.
The main legal issue is whether such wording creates a binding trust obligation or merely expresses a non-binding wish.
Courts examine the entire context of the document to determine the intention of the person making the disposition.
Modern legal interpretation usually avoids construing precatory wording as creating a trust unless the obligation is clearly mandatory.
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