Language Directing Beneficiaries to Continue Financial Support of Another Person is Precatory

The testator’s will devised her residuary estate to her three children. The next article of the will stated the testator’s desire that a named granddaughter of the testator “be taken care of as [the testator] did during [her] lifetime.”

In Williams v. Williams, 43 So. 3d 517 (Miss. Ct. App. 2010), the court held that the language directing care of the granddaughter was precatory. Having devised her entire estate, the testator’s desire for continued care of her granddaughter was precatory and thus unenforceable.

Special thanks to William P. LaPiana (Rita and Joseph Solomon Professor of Wills, Trusts,and Estates, New York Law School) for bringing this to my attention.