Precatory Words Law and Legal Definition

Precatory words refer to words requesting, recommending, or expressing a desire for action, in a nonbinding way. These words accompany a gift of property in a document, hoping, desiring, trusting, or requesting that the donee will dispose of the property in a particular way. For example “it is my wish and desire to.” 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 express trust if they satisfy three certainties.

1. words (intent)

2. subject (the property and beneficial interests)

3. object (beneficiaries or benefiting causes)