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)
