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Howdo South African courts treat precatory words in wills (e.g., “I wish”, “Ihope”, “it is my desire”)?
How
do South African courts treat precatory words in wills (e.g., “I wish”, “I
hope”, “it is my desire”)?
They automatically convert the clause into a trust with fiduciary duties.
They invalidate the clause because the testator’s intention is uncertain.
They impose a legally enforceable obligation on the heir or legatee.
They are generally interpreted as non‑binding expressions of hope orpreference.
They are generally interpreted as non‑binding expressions of hope or
preference.
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