Precatory words in a Texas will

What are precatory words?

Precatory words are words that are a request or a desire. If a will has precatory words, does that pass title?

Examples of precatory words

Occasionally, when someone writes a will, they will use words like “I wish that Bob gets my house” or “it is my desire that Bob gets my house.”

One will had the following language “The…stock belonging to me has been handed to Myrtle and Lyter for what I lost them in the oil deal.”

In general, none of this language in wills will pass any property. Precatory words in a Texas will just express a wish of the testator and don’t necessarily pass property. If the property is not otherwise mentioned in the will, the testator dies intestate (without a will) as to that property.

So, be precise. Don’t use niceties. Tell people how you are disposing of your property. “I give my house to Bob.” “I give my stock to Myrtle.”