Precatory Language

By Patricia Louise Nelson of Two Spruce Law 

            Precatory language is non-mandatory language. We all know what mandatory language is. It includes statements like “my trustee shall distribute all funds to my children equally at age 30.”  With mandatory language, we have certainty and clarity. We also have no flexibility.

            On the other hand, precatory language is suggestive, or requesting, as opposed to demanding or requiring.  An example of precatory language is “I anticipate that my trustee will provide generously for my children to obtain an education that will enable them to be self-supporting.”  Or “I request that my trustee bear in mind that my daughter has struggled with alcoholism when making decisions about when and how to distribute funds to her.”  Precatory statements provide information and can convey expectation but allow the trustee to take the information and expectations into consideration while they make decisions.  Precatory language allows the trustee to make the best decision possible based on all the facts and circumstances in place at the time the decision needs to be made, which allows the trustee to respond to changes in circumstances that we can’t even imagine at the time we sign estate planning documents. 

            I recommend that you give your trustee as much information as possible while also giving them the authority to make decisions. Use precatory language to truly customize your estate plan to your family’s needs without tying your trustee’s hands.

Find out more at: https://twosprucelaw.com/videos/is-your-estate-plan-really-yours-1