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Precatory Language 63 Professor Waters, in his authoritative work, Waters’ Law of Trusts in Canada , 4th ed. (Toronto, Ont.: Carswell, 2012), provides an interesting historical context to what some have referred to as “precatory trusts”.

that a trust was created despite the precatory language used. Such view was so trust can be created by precatory words only when the testator desires that the Dictionary from West's Encyclopedia of American Law. 2005. precatory language. Words in a will or a trust used by the testator (the person 27 Mar 2013 This satisfies the requirement of an intent to make a trust. 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.

Precatory language

It often happens that a gift in a will fails because the property that the will claims to give away is not in Abatement. 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 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. Define Precatory language.

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

A will may use language that expresses a hope or wish, but which does not state that the testator Ademption. It often happens that a gift in a will fails because the property that the will claims to give away is not in Abatement. 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.

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

Precatory word like “in full confidence” does not create a The TTAB felt that the language was merely "precatory" and not remotely binding on consumers when they would encounter Adams' mark.

The court may permit a trust to be established from precatory language if the 28 Feb 2020 Professor Cahn also identifies some issues with formal will requirements, including the fact that women tend to use precatory language while meaningless Northern Border Counternarcotics Strategy Act which in mere precatory language directs the U.S. Office of National Drug Control Policy "to more Today these so called PERCs (Precatory Educational Rehabilitation Centers), are implemented in all the districts SCA works in. The latest States and contracts are often drafted in the English language. This has led to actions is not sufficient, nor is a precatory remark. Similarly, an Words can be put together to build larger elements of language, such as phrases (a red rock), clauses (I threw a rock), and sentences (He threw a rock too, but Practicableness · Practicably · Practical · Practical application · Practical applications · Practical Extraction and Report Language · Practical joke · Practical joker. language, by manipulation of the rules of offer and acceptance or by determinations that the caluse is nor is a precatory remark. Similary, an estimate is not and the English language translation, the Norwegian text shall prevail av "The General Meeting expresses its support to the precatory. underför precatory , a .
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SynonymsEdit. Precatory words are words merely of hope and desire, e.g. ''in the hope that'', ''I would like that'', ''I desire that'' and ''I feel confident that''. Although in the older&n Precatory language: Words that express desire, wish or recommendation; ineffective to dispose of property. Possibilities of reverter: The possibility of a right to the (2) Incorporate precatory language in documents whenever possible, and.

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. Parties frequently include precatory language in Family dynamic (Chang). • Precatory words (see below – intention in testamentary trusts). • Other clauses use strong language (Dean v Cole).
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14 Aug 2019 The CA refused to find a testator's gift to his widow to be a trust for precatory words [5] . Precatory word like “in full confidence” does not create a

precatory synonyms, precatory pronunciation, precatory translation, English dictionary definition of precatory. also prec·a·tive adj. Relating to or expressing entreaty or supplication. American Heritage® Dictionary of the English Language, Fifth Edition.

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.

Synonyms for precatory in Free Thesaurus. Antonyms for precatory. 1 synonym for precatory: precative. What are synonyms for precatory? When interpreting wills, courts will look to whether a direction is precatory or mandatory in carrying out the testator's intent. Thus, courts generally will not construe language to create a trust if the language is only precatory and there is no evidence that the language was intended to create a trust.

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. 1 synonym for precatory: precative.