Define: Precatory

“Precatory” refers to language in a legal document, such as a will or a trust, that expresses a wish, desire, or recommendation rather than a binding directive. Precatory language is suggestive rather than mandatory, and it conveys the testator’s or settlor’s preferences regarding the distribution of assets or the administration of an estate or trust. While precatory language may guide the actions of trustees, executors, or beneficiaries, it does not create a legally enforceable obligation. Instead, it serves as an expression of intent or sentiment that may influence how the parties involved interpret and carry out the provisions of the document. Courts may consider precatory language when interpreting the testator’s or settlor’s intentions, but they are not bound to enforce it as if it were a mandatory directive. Instead, they will evaluate the language in conjunction with other provisions of the document and the surrounding circumstances to determine the testator’s or settlor’s true intentions.

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This glossary post was last updated: 29th March, 2024.