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Översätt predatory från engelska till svenska - Redfox Lexikon
referring to a wish or advisory suggestion which does not have the force of a demand or a request which under the law must be obeyed. 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 it. 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 (precatory) and thus only morally binding an thus an outright bequest. 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.
Precatory Language Under Arizona Law. Ernest contended that the farmland was not even supposed to be in the trust, based on the wording of the will. The Court’s decision turned on the use of “precatory” language, where the will states that it was “desire” to hold the farmland in trust, as opposed to an outright command. 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 (c) Precatory language does not impose any duty on any trustee, trust advisor, or trust protector, and the fact that a trustee, trust advisor, or trust protector does not exercise a discretionary power in accordance with precatory language shall not create an inference that the trustee, trust advisor, or trust protector improperly exercised the power. What does precatory mean? Relating to or expressing entreaty or supplication. (adjective) precatory | definition: expressing entreaty or supplication | synonyms: precative, pleading, beseeching, imploring| antonyms: imperative, strident, desperate, exigent What is the definition of precatory?
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(Toronto, Ont.: Carswell, 2012), provides an interesting historical context to what some have referred to as “precatory trusts”. Precatory language is usually interpreted as an advisory message and not as a mandatory message.
Översätt predatory från engelska till svenska - Redfox Lexikon
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. 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 2015-07-26 · Part III gives readers a definition of precatory language.
What does precatory mean? Relating to or expressing entreaty or supplication. (adjective)
precatory | definition: expressing entreaty or supplication | synonyms: precative, pleading, beseeching, imploring| antonyms: imperative, strident, desperate, exigent
What is the definition of precatory? What is the meaning of precatory?
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(adjective) It is the language in this second sentence which is at issue and which the District Court determined created an express trust in favor of the children. The use of this latter sort of qualifying language in a will or instrument is referred to as "precatory" language. As stated in Bogert, supra § 19 at 41: 2010-09-08 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.
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required to read all bills passed into law, they would just withdraw into precatory vagaries, and leave all the detail to bureaucrats. Precatory Language, Ademption, and Abatement. One of the main purposes for making and leaving a will is to guide the administration of the estate of the testator--the person who made the will.
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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. Related to precatory: prefatory, precatory bean, Precatory Language precatory adj. referring to a wish or advisory suggestion which does not have the force of a demand or a request which under the law must be obeyed. 2019-12-28 · This video is unavailable.
Precatory language are "words of entreaty, request, wish or recommendation" addressed to a donee under a will. Precatory language often raises a question of 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. PRECATORY LANGUAGE.