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SourceLaw Dictionary Browse Letter P

Precatory

Legal definition for Indian law research

Definition

precatory


: 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.




Definitions are for legal research. Always verify meaning in the context of the statute, judgment, or jurisdiction cited.

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