Which term refers to language in a will that expresses wishes but lacks enforceability?

Which term refers to language in a will that expresses wishes but lacks enforceability?

• A. In terrorem clause
• B. Survival presumption clause
• C. Precatory language
• D. Reciprocal will

Answer: (C)

Precatory language is the type of wording that expresses wishes or desires rather than creating a binding obligation. In a will, phrases like “I wish my trustee would consider…” or “it would be my preference that…” convey what the testator hopes will happen, but they don’t impose a legal duty on the executor or beneficiaries. The actual, enforceable parts of a will are the provisions that transfer property or set duties; those are binding. The other terms point to different concepts: a no-contest or in terrorem clause affects incentives around challenging the will; a survival or similar clause deals with conditions for inheritance based on timing; and a reciprocal will refers to a paired will arrangement between spouses. None of these describe nonbinding expressions of wishes in the same way precatory language does.

Precatory language is the type of wording that expresses wishes or desires rather than creating a binding obligation. In a will, phrases like “I wish my trustee would consider…” or “it would be my preference that…” convey what the testator hopes will happen, but they don’t impose a legal duty on the executor or beneficiaries. The actual, enforceable parts of a will are the provisions that transfer property or set duties; those are binding. The other terms point to different concepts: a no-contest or in terrorem clause affects incentives around challenging the will; a survival or similar clause deals with conditions for inheritance based on timing; and a reciprocal will refers to a paired will arrangement between spouses. None of these describe nonbinding expressions of wishes in the same way precatory language does.