Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

Precatory Trust

Read a random definition: adpromissor

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

Warning

Info

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
18:41
I think I just wouldn’t reach out and if they ask for them then say that
Dkk
18:41
@tgm Yeah sounds good, say that if they ask
18:47
hey yall
18:47
im premed idk why im here
18:48
we’re like cool and sexy and fun I get it
18:48
true i love ur user
18:49
thank you my little crow friend
Dkk
18:50
Med law easy done
medicine is a scam
join the ethically ambiguous legal field instead
Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
19:23
I want to go running but my leg feels weird
windyMagician
19:23
it doesn't hurt its just tingly
Dkk
19:26
It needs more alcohol. You tingle when your nerves need watering.
19:27
try stretching it maybe to see what's up
windyMagician
19:27
stretches make me think it's just soreness
windyMagician
19:27
I'm sober lol
Dkk
19:38
Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
20:48
what.jpg @Dkk
CynicalOops
21:03
You think you just fell out of a coconut tree?
jackfrost11770
21:10
nope dk
CynicalOops
22:37
Calvinamala Harris
LSD+ is ad-free, with DMs, discounts, case briefs & more.