Title
He Says, She Asks: Sex, Language, and the Law of Precatory Words in Wills
Abstract
Are men and women different, and does it matter? This article reviews the current status of the law of precatory language, concluding that when a man or woman includes precatory words (such as wish, ask, or recommend) in a will, the language is often interpreted as falling short of communicating the intent needed to establish a legally binding trust. The article continues to explore the psychology literature on gender differences in language ability and expression, which suggests that men are more likely to be direct and rational in their language whereas women are more likely to be indirect and emotional. Finally, the article ties these two disciplines together, analyzing original empirical data collected from 324 subjects and concluding that women are indeed more likely than men to use precatory language – and therefore less likely to create trusts that are legally enforceable.
Download