What does a precatory trust require to be valid?

A precatory trust is established when a settlor expresses a wish or desire for a fiduciary to manage property in a certain manner but does not impose a legally enforceable obligation. For such a trust to be valid, it must include specific instructions directed at the fiduciary, indicating how the trust property should be managed or distributed. These instructions must be clear and provide sufficient direction on the intended use of the property to give rise to fiduciary duties.

Specific instructions distinguish a precatory trust from mere expressions of hope or desire. If the instructions are too vague or general, the intent to create a trust may not be established. A well-defined set of instructions ensures that the fiduciary understands their responsibilities and can act in accordance with the settlor's intentions.

In contrast, the other options lack the clarity and specific intent required for establishing a valid precatory trust. Vague wishes from the donor do not create the necessary legal framework for trust obligations. The absence of conditions does not pertain to the requirement of specificity in the instructions, and a promise from the beneficiary does not contribute to the establishment of the trust itself. A valid precatory trust fundamentally relies on clearly articulated directives given to the fiduciary.