Precatory Definition and Legal Meaning
On this page, you'll find the legal definition and meaning of Precatory, written in plain English, along with examples of how it is used.
What is Precatory?
adj.It is request or a desire for certain action to be carried out at will which if not obeyed no legal action can be taken.For ex- A person’s will reads that he would be happy if some amount of his property is donated,but no legal action can be taken if his wishes are not obeyed.
History and Meaning of Precatory
The term "precatory" refers to a request or a desire for certain action to be carried out at will, which if not obeyed, no legal action can be taken. Essentially, it means that a statement is not legally binding, but rather expresses a hope or expectation. Precatory language is commonly found in legal documents such as wills, trusts, and contracts, where it is used to express a testator or grantor's intention or desire.
The origin of the term "precatory" comes from the Latin word "precari," which means to pray or to entreat. The term reflects the non-binding nature of the language it describes, as it suggests a humble request rather than a command or order.
Examples of Precatory
"I desire that my estate be divided equally among my children, but this is a precatory statement and not legally binding."
"It is my hope that my executor will distribute my personal belongings to my family members as they see fit, but this is a precatory request and not a legally enforceable directive."
"I would like my funeral to be held at my local church, but this is a precatory statement, and it is ultimately up to my executor to make final arrangements."
Legal Terms Similar to Precatory
Testamentary - relating to a will.
Bequest - a gift of property made in a will.
Trust - a legal arrangement where a trustee manages assets for the benefit of a beneficiary.
Directive - an order or instruction issued by someone in authority.
Request - an act of asking for something.