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Simple English definitions for legal terms

Precatory Trust

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A quick definition of Precatory Trust:

A precatory trust is a type of trust that is created with language that expresses a future wish or intent, but the court still finds legally enforceable duties. Normally, a trust must have language that expresses a present intent to create legally enforceable duties on the trustee. However, in some cases, the court will still find intent to create legally enforceable duties in a trust that uses precatory language by looking at the relationship between the parties. This means that the trust will not fail for lack of trust intent.

A more thorough explanation:

A precatory trust is a type of trust that is created with language that expresses a future intent or a wish, but in which the court still finds legally enforceable duties. Normally, a trust must have language that expresses a present intent to create legally enforceable duties on the trustee in order to be valid. However, in some cases, the court will still find intent to create legally enforceable duties in a trust that uses precatory language.

For example, if a father creates a trust for his son and uses language like "I hope my son will use this money for his education," the court may still find that the father intended to create legally enforceable duties on the trustee (in this case, the son) to use the money for education. This is because of the familial relationship between the father and son, which suggests that the father intended for the trust to be more than just a suggestion or wish.

Another example of a precatory trust might be a trust created by a wealthy philanthropist who wants to leave money to a charity, but uses language like "I hope the charity will use this money to help the homeless." Again, the court may find that the philanthropist intended to create legally enforceable duties on the charity to use the money for the specified purpose.

In both of these examples, the court is looking beyond the specific language used in the trust to determine the intent of the person who created it. If the court finds that there was a clear intent to create legally enforceable duties, then the trust will be valid and enforceable.

precatory | precedent

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RoaldDahl
16:15
So if it means nothing does that mean something?
HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
0:30
how am i supposed to spy on people when profile links are broken?
Right. Broken links smh
I've been UR since first/second week of Jan, no updates otherwise, is that a bad sign? At or above median LSAT and above 75th gpa.
The profile links are not working for me. anybody else?
13:18
i’m in the same boat mastermonkey but with lower stats. i hope i hear back by mid march
CheeseIsMyLoveLanguage
13:24
@mastermonkey45: Looking at some of the recent decisions in relation to when they went complete, I'd say it's a good sign. It seems many declines were sent within about 5-6 weeks of completion. Given those were applications that were SENT in January, I'd say that means you're still solidly in the running. :)
14:30
Sent an app to OSU in early december and have STILL not heard back
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