Posts about Precatory Language written by Janet Moore. Most Trusts give the Trustee broad discretion in making investments, dealing with Trust assets, making distributions to beneficiaries, etc. Usually the Grantor of the Trust has strong opinions about how the Trust should be used for the beneficiary.
Most other provisions of the Virginia Declaration, like those of the similar state declarations that followed, were phrased in the precatory language of “oughts.
Precatory language is Synonyms for precatory in Free Thesaurus. Antonyms for precatory. 1 synonym for precatory: precative. What are synonyms for precatory? Precatory Language.
) Norwegian language original text and the English language translation The general meeting held an advisory vote for precatory guidelines manuscripts (many in Hebrew, a language in which he was quite competent). Ham, and Japheth, and therefore precatory to the Hiramic legend of the Third predators · predator · prefatory · precatory · prædatory · predicatory · predictory · probatory · proditory · depredatory. DefinitionKontext. adjektiv. Of, or relating to a precatory beanNaturvetenskap och tillämpad vetenskap, JORDBRUK, SKOGSBRUK OCH FISKE. rosary peaNaturvetenskap och tillämpad vetenskap, langsynes language languaged languageless languages languaging langue precariously precariousness precast precasting precasts precative precatory Bestämt, 7 augusti 1840.
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Precatory language usually includes statements that merely express a wish instead of creating a legal obligation, according to Merriam-Webster. It’s important to remember that terms like “request,” “hope,” or “desire” are not usually considered by the courts as adequate for creating an enforceable trust.
Prefatory definition is - of, relating to, or constituting a preface. How to use prefatory in a sentence. Precatory language does not replace a will On behalf of Sheehan & Associates, P.L.C | Jul 13, 2018 | Estate Planning And Probate | When considering how you will pass your assets on to your family, you need to use far more than precatory language. 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.
Recommended Citation. Vincent, H. W. (1935) "Trusts--The Creation of a Trust by the Use of Precatory Words," Kentucky Law Journal: Vol. 23 : Iss. 3 , Article. 11.
url=http://books.google.com/books?id=E4QP2wKp-NIC&lpg=PA40&dq=%22precative%22&pg=PA40#v=onepage&q=%22precative%22&f=false. precatory. enChange Language. close menu. Language. English(selected) · español · português precatory precaution precautionary precautions prece Department of Oriental and African Languages. graine diable (Français), jequirity, crab's eye, rosary pea, johncrow bead, precatory bean, indian licorice.
• Vague language
⇒ 'Precatory' words – desire, request – will not, under normal circumstances, impose more than a moral obligation on the owner. If the word 'trust' is used, then it
AdjectiveEdit (law) Expressing a wish but not creating any legal obligation or duty. precatory words in a will. 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''.
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Suppose that a will states: "I give my niece $50,000 so she can go to private school." Many courts would rule that the niece does not have to attend private school, or any school, to collect the $50,000.
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.
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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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precatory language did not give the beneficiary a power of appointment. 4 settlor is clearly expressed in a document - either in an inter-vivos instrument or in a testamentary document. Yet even though the intent may be expressly stated, the trust may still fail for
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. Translation for: 'precatory' in English->German dictionary. Search nearly 14 million words and phrases in more than 470 language pairs. Precatory Language.
Prefatory definition is - of, relating to, or constituting a preface. How to use prefatory in a sentence.
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. Precatory Language, Ademption, and Abatement Precatory Language. 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. 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.
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. have found a trust created by precatory language on the face when it is expressed in a mandatory sense.