Precatory Memorandum Template for England and Wales

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Key Requirements PROMPT example:

Precatory Memorandum

"I need a Precatory Memorandum to explain to my children why I've structured my trust holdings in a particular way, specifically addressing my wishes for the family business succession and the preservation of certain heirlooms after March 2025."

Document background
The Precatory Memorandum serves as a supplementary document in English and Welsh jurisdictions, typically used alongside legally binding instruments such as wills or trusts. It allows individuals to explain their reasoning, express hopes for the future, or make moral requests without creating legal obligations. The document is particularly valuable in complex family situations, estate planning, or when the author wishes to provide context for their decisions. While not legally enforceable, a Precatory Memorandum can provide valuable guidance and help prevent misunderstandings or disputes among family members or beneficiaries.
Suggested Sections

1. Author Details: Full name, address, and capacity of the person making the memorandum

2. Date: Date of creation of the memorandum

3. Purpose Statement: Clear statement of the memorandum's purpose and non-binding nature

4. Wishes and Intentions: Main body describing the author's wishes and moral requests

5. Signature: Author's signature and date of signing

Optional Sections

1. Witness Statement: Used when additional verification of the author's capacity is desired

2. Professional Advice Note: Used when the memorandum relates to complex financial or property matters

3. Family Tree: Used when the memorandum involves complex family relationships

Suggested Schedules

1. Asset Schedule: List of relevant assets being discussed in the memorandum

2. Supporting Documents: Any relevant correspondence or documents referenced in the memorandum

3. Capacity Assessment: If required, medical or professional assessment of author's capacity

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant Industries
Relevant Teams
Relevant Roles
Industries

Law of Property Act 1925: Key legislation governing property law in England and Wales. Essential for any property-related wishes or statements in the precatory memorandum.

Wills Act 1837: While not directly governing precatory memoranda, this Act is relevant as these documents often contain testamentary wishes and need to be consistent with will-making principles.

Mental Capacity Act 2005: Crucial legislation for establishing and ensuring the mental capacity of the person making the precatory memorandum.

Precatory Words Principles: Common law principles governing the distinction between binding obligations and mere wishes, including case law on precatory trusts and expressions.

Construction and Interpretation Rules: Common law rules regarding how courts interpret precatory language and precedents on the enforceability of moral obligations.

Data Protection Act 2018: Relevant when the memorandum contains personal data, ensuring compliance with UK data protection requirements and GDPR principles.

Human Rights Act 1998: Considers fundamental rights, particularly regarding privacy and property rights that might be relevant to the memorandum's content.

Trusts of Land and Appointment of Trustees Act 1996: Applicable when the memorandum contains matters relating to land or property trusts.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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