Bequest Clause (Precatory Memorandum Language) (ON)

Summary

This clause is a bequest clause containing precatory memorandum language which expresses the testator's wish that the trustees be guided in the disposition of specified articles prepared and retained in the testator's residence. This clause includes practical guidance and drafting notes. Precatory memoranda are not binding on the trustees – they merely express the wishes of the testator with the hope that the trustee will carry out those wishes. Such documents are useful when a testator wishes to deal with household effects, jewelry, china, crystal, etc. in a way that guides the trustee without being legally binding. As well, the documents are private. There is no set format for a letter of wishes or memorandum since the contents and format will depend upon the individual circumstances of the testator. However, there should be enough detail to aid an estate trustee in determining what items are being referred to and who is to receive them. The advantage to the trustee is that some ...