Precatory Language

Defined

Serious request but not legally binding.

Examples: “I hope” “I would like” “I recommend” “I wish”

Ramifications

1. To restrict or limit gifts

Generally ineffective.

Ramifications

2. To instruct personal representative

Likely to be effective.

Kelley v. Martin (Tex. 1986) – p. 243How do you think the court

should have resolved this case?A. Bill is a conditional beneficiary and

entitled to receive the commission even though he did not sell the property.

B. Bill should have been hired to sell the land but since he wasn’t, he receives nothing.

C. The language is precatory and thus Bill is not entitled to be Wife’s real estate agent.

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