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Term of the Day: Precatory
precatory adj
- : 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 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. Words such as with the hope that or it is my wish that are often considered precatory.
Source: Merriam-Webster’s Dictionary of Law ©1996. Merriam-Webster, Incorporated. Published under license with Merriam-Webster, Incorporated.