Precatory trust - sustany/dvg GitHub Wiki

A precatory trust is an express trust that is created with language that expresses a future intent or a wish, but in which the court nevertheless finds legally enforceable duties.�Normally trust language must express a present intent to create legally enforceable duties on the trustee in order to have trust intent.�If there is no trust intent, the trust fails.�Sometimes the court will nonetheless find intent to create legally enforceable duties in a trust that uses precatory language by looking at fiduciary and familial relationships.�If there is a familial or fiduciary relationship between the parties, the court will often use that context to presume that intent to create enforceable duties exists. �Thus, the trust will not fail for lack of trust intent.