Legal Definitions - wish

In a legal context, the term "wish" refers to a stated desire, preference, or intention, particularly when expressed in a formal document like a will, trust, or advance directive. While it can sometimes indicate a non-binding hope, it often carries significant legal weight, guiding the actions of others (like executors or trustees) in carrying out the intentions of the person who expressed them. It signifies a direction for how assets should be distributed or how personal affairs should be managed.

• Example 1: In a Last Will and Testament

  A woman drafting her will includes the statement, "I wish for my antique grandfather clock to be given to my goddaughter, Sarah, upon my passing."

  This "wish," when formally documented in a valid will, acts as a legally binding instruction to the executor of her estate. It is not merely a hope, but a directive that ensures her specific property is distributed according to her intent after her death.

• Example 2: Within a Trust Agreement

  A parent establishes a trust for their children and includes a clause stating, "The trustee should honor my wish that a significant portion of the trust's annual income be used to fund the beneficiaries' higher education expenses."

  Here, the "wish" provides clear guidance to the trustee, indicating the grantor's strong preference for how the trust's resources should be allocated. While it might allow the trustee some discretion, it communicates the grantor's primary intent for the trust's purpose and how its assets should benefit the beneficiaries.

• Example 3: In an Advance Healthcare Directive

  An individual prepares an advance healthcare directive (often called a living will) that includes the declaration, "I wish not to receive artificial ventilation or resuscitation if I am diagnosed with an irreversible terminal condition and am unable to communicate my decisions."

  In this scenario, the "wish" is a legally recognized and binding instruction to medical professionals and family members. It outlines the individual's preferences for end-of-life care, ensuring their autonomy and personal choices are respected even when they can no longer speak for themselves.