Looking over a woman's shoulder as she types 'I wish' on a laptop, in reference to a precatory clause.

What Is a Precatory Clause in Estate Planning Documents?

Learn what precatory clauses are and how they work in wills.

SimplyTrustSimplyTrust Editorial··3 min read

A precatory clause expresses wishes or suggestions rather than creating legal obligations. These clauses appear in wills and trusts when the document creator wants to communicate their hopes without binding the executor or trustee to specific actions.

How Does a Precatory Clause Work?

Precatory language uses words like “wish,” “hope,” “desire,” or “request” instead of mandatory terms like “shall” or “must.” For example, “I hope my trustee will consider my grandchildren’s education expenses” creates no legal duty. The trustee can follow this guidance or ignore it entirely without legal consequences.

Courts distinguish between precatory language and mandatory instructions by examining the specific words used. Phrases like “it is my wish” or “I would prefer” typically indicate precatory intent. Clear directive language like “my trustee shall distribute” or “the executor must pay” creates enforceable obligations.

Why Do People Include Precatory Clauses in Estate Documents?

Estate document creators use precatory clauses to provide context for their decisions without creating rigid requirements. A parent might write, “I hope my children will maintain the family home as a gathering place,” while still allowing them to sell the property if circumstances change.

These clauses also help explain reasoning behind distributions. Someone leaving unequal amounts to their children might include precatory language explaining the decision: “I wish for my son John to understand that his smaller inheritance reflects the financial support I provided during his business startup.”

Precatory clauses carry no enforcement power. Beneficiaries cannot compel trustees or executors to follow precatory wishes through legal action. The fiduciary can consider the expressed hopes but must prioritize their legal duties and the beneficiaries’ best interests.

Some courts examine the overall document context to determine whether seemingly precatory language actually creates binding obligations. However, this interpretation remains rare and typically requires additional evidence of the creator’s intent.

When Should You Avoid Precatory Clauses?

Precatory language becomes problematic when the document creator actually wants to require specific actions. If you need your trustee to pay for a grandchild’s college education, use mandatory language rather than expressing it as a hope or wish.

Family conflicts can arise when beneficiaries misunderstand precatory clauses as binding instructions. Clear communication about the non-binding nature of these expressions helps prevent disputes.

How Can You Create Enforceable Instructions Instead?

Replace precatory language with specific directives to create legally binding obligations. Instead of “I hope my trustee will help with medical expenses,” write “My trustee shall pay reasonable medical expenses for my beneficiaries from trust assets.”

Modern estate planning platforms like SimplyTrust’s revocable trust creation tool help you structure clear, enforceable instructions for asset distribution and trustee duties. The platform guides you through specifying exact requirements rather than leaving important decisions to interpretation.

Consider consulting with an estate planning attorney when you need complex conditional distributions or want to ensure your instructions create proper legal obligations rather than mere suggestions.

Forms for Planning Your Estate

Free forms for planning your estate: a will, living trust, pour-over will, both powers of attorney, living will, and TOD deed.

Free

Pour-Over Will

Catch anything outside your trust. Pairs with your revocable trust.

Get Started
$12/month

Revocable Living Trust

Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.

Get Started
Free

Last Will and Testament

Name your heirs, guardians, and final wishes. Free for every state.

Get Started
Free

Healthcare Power of Attorney

Name someone to make medical decisions if you can't.

Get Started
Free

Financial Power of Attorney

Name someone to manage your finances if you can't.

Get Started
Free

Transfer on Death Deed

Transfer real property to a beneficiary upon your death without probate. Available in 34 states and the District of Columbia.

Get Started
Free

Vehicle Transfer on Death

Name a beneficiary to inherit your vehicle at death without probate. Available in 26 states and the District of Columbia.

Get Started
Free

Living Will

State in advance which life-sustaining treatments you want or refuse, in the document your state recognizes, with signing instructions from the statute.

Get Started

All forms

Tools for Planning Your Estate

Free tools for planning your estate: what a will or trust costs, whether you need a trust or TOD deed, and how documents are signed.

How Much Does a Revocable Living Trust Cost?

Compare revocable living trust costs across providers including online services and attorneys.

Compare Costs

How Does SimplyTrust Compare to LegalZoom, Trust & Will, and Other Services?

Compare what it costs to make a trust official across SimplyTrust, LegalZoom, Trust & Will, Rocket Lawyer, and Quicken WillMaker.

Compare Services

Do I Need a Revocable Trust?

Find out if a revocable trust makes sense based on your state, estate value, and family situation.

Check Now

Trust or Will: Which Costs Less?

Compare the cost of probate vs a trust for your state and estate value.

Compare Options

What Does Estate Planning Actually Cost?

Compare costs across estate planning providers including online services and attorneys.

Compare Costs

How Much Life Insurance Do I Need?

Calculate your life insurance needs based on income, debts, and family situation.

Use Calculator

Are My Beneficiary Designations Protected?

Check how divorce, creditors, and state laws affect your beneficiary designations.

Check Now

How Do I Sign Estate Documents?

Find witness, notary, and remote signing requirements for all 50 states.

Check Requirements

All tools