Words in a will or trust that express a wish, hope, desire, recommendation, or request, rather than creating a legally binding command or obligation. Courts distinguish between precatory language (which creates no enforceable duty) and mandatory language (which creates binding obligations). Common precatory words include "wish," "desire," "hope," "recommend," and "request."
When you express a hope or wish in your will rather than giving a direct instruction. "I hope my daughter will share the proceeds with her brother" versus "I give half to my daughter and half to my son." The problem: precatory language isn't legally binding. If you say "I hope" or "I wish" instead of "I give" or "I direct," you haven't created a legal obligation—just a preference that may or may not be followed.
⏱ When you'll encounter this term
- Reviewing your will and finding vague or wishful language
- Disputes about whether a provision creates a binding obligation
- Court cases interpreting ambiguous will language
- Lawyer advising you to change wishful language to direct instructions
- Executor uncertain whether to follow a "recommendation"
"Dad's will said 'I give my estate to my wife, and I hope she will provide for our children.' When she remarried and left everything to her new husband, the kids tried to argue she was obligated to provide for them. But 'hope' was just precatory language—legally unenforceable."
💡 Did you know?
Precatory language causes countless family disputes and disappointments. If you want something to happen, don't just hope—use clear, mandatory language: "I give," "I direct," "in trust for," or "on condition that." Courts won't enforce wishes and hopes, only clear instructions. If you can't make it mandatory (for tax or legal reasons), put your wishes in a separate letter of wishes instead.