Definition precatory language in a will

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Word Games Obscure Shapes Surprisingly specific words for shapes. References in periodicals archive? The liberal grant mandate: an historical and procedural perspective. Get Word of the Day daily email! The court usually examines a number of factors, including other language used in the will or trust, to determine the testator's intent. Where there's a will there's a way: an examination of Estate of Kesling, In re and the South Dakota Supreme Court's application of the plain meaning rule. Did You Know? Late Latin precatoriusfrom Latin precari to pray — more at pray.

  • Precatory Words Definition
  • Precatory Language legal definition of Precatory Language
  • Precatory Words Are Not Binding In Wills and Trusts
  • Precatory legal definition of precatory
  • Precatory Definition of Precatory by MerriamWebster
  • precatory language

  • 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. 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.

    Precatory Words Definition

    Precatory definition is - expressing a wish. Thus, courts generally will not construe language to create a trust if the language is only precatory and there is no.
    Take the quiz Dictionary Devil The dictionary has been scrambled—can you put it back together? Furthermore, language in a will or trust making a gift to charity may sometimes be upheld even if it appears to be precatory.

    See more words from the same year. Where there's a will there's a way: an examination of Estate of Kesling, In re and the South Dakota Supreme Court's application of the plain meaning rule. Learn More about precatory.

    Precatory Language legal definition of Precatory Language

    Late Latin precatoriusfrom Latin precari to pray — more at pray. Note: When interpreting wills, courts will look to whether a direction is precatory or mandatory in carrying out the testator's intent.

    images definition precatory language in a will
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    Rhyming Dictionary: Words that rhyme with precatory.

    images definition precatory language in a will

    What made you want to look up precatory? For example, if you add a provision to your will asking someone to take care of your pet if you die, that provision is merely precatory. See more words from the same year.

    The dissent explained that precatory language is not always determined by viewing a single word or phrase in isolation.

    Precatory Words Are Not Binding In Wills and Trusts

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    The legal definition of Precatory Words is Words that express a wish or a desire Words in at trust document (such as a will) that appear to express a wish or a.

    Video: Definition precatory language in a will Precatory Meaning

    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. the context of the will or trust and surrounding circumstances; and words which, in their ordinary meaning, are precatory will be construed as mandatory o.
    Note that the language in this article is not precatorybut imperative.

    Precatory legal definition of precatory

    References in periodicals archive? Learn More about precatory. Dodd-Frank requires a thicker-skinned board: opposition cant be avoided, so stop being so sensitive to voting outcomes and make sure you are not lowering the bar to curry shareholder favor.

    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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    Precatory Definition of Precatory by MerriamWebster

    Related to precatory: prefatoryprecatory beanPrecatory Language. History and Etymology for precatory Late Latin precatoriusfrom Latin precari to pray — more at pray. Shareholder proposals, despite the fact that they are precatory and therefore not legally binding on boards, nonetheless have had huge impact on board decision making and the general direction of board-shareholder relations. 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.

    Sometimes the court will nonetheless find intent to create legally enforceable duties in a trust that uses precatory language by looking at fiduciary and familial.

    precatory language

    Precatory words are usually used in wills to express a desire that the beneficiary dispose of his/her benefit in a particular manner. Precatory words create an.

    Video: Definition precatory language in a will Wills Versus Living Trusts

    In the law of wills and trusts, precatory words have been defined as words of wishhope, desire or entreaty accompanying a gift, that the done.
    See more words from the same year. 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.

    Love words? References in periodicals archive? At the tipping point: defining an earth jurisprudence for social and ecological justice.

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    More Definitions for precatory.

    images definition precatory language in a will

    Words such as with the hope that or it is my wish that are often considered precatory. For example, if in her will Anne says only that she "wishes" or "would like" her house to be sold to her cousin Bill on her death, the court may find the language to be precatory and thus unenforceable because Anne was merely expressing a wish or a recommendation. Did You Know?

    5 thoughts on “Definition precatory language in a will”

    1. Samule:

      Law enforcement as political question.

    2. Maugami:

      Shareholder proposals, despite the fact that they are precatory and therefore not legally binding on boards, nonetheless have had huge impact on board decision making and the general direction of board-shareholder relations. For a touch of sweetness or acidity.

    3. Gabar:

      The liberal grant mandate: an historical and procedural perspective. Shareholder proposals, despite the fact that they are precatory and therefore not legally binding on boards, nonetheless have had huge impact on board decision making and the general direction of board-shareholder relations.

    4. Mosida:

      The court must look to the intent of the testator to determine whether the precatory language establishes an enforceable agreement.

    5. Kazrazuru:

      In construing a will, courts are often challenged with interpreting whether certain words or clauses constitute mandatory or precatory language. But now, even precatory shareholder proposals are becoming more prescriptive.