Bequest Language
In order to make a bequest, you should speak with your attorney. Your attorney can help you include a charitable bequest in your estate plan. We have provided some basic bequest language to assist you and your attorney.
Sample Wording for Gifts to The Catholic Foundation
By Will or Trust Agreement
I give, devise and bequeath (description of assets or percent of residual estate) to The Catholic Foundation, to be placed in (name of the fund) Fund to be held by The Catholic Foundation in perpetuity, not in trust but in fee simple with the reasonable spending policy amount to be available in the sole discretion of The Catholic Foundation, for uses and purposes in support of religious, charitable and educational needs and programs consistent with the Foundation’s charter. The Catholic Foundation is a qualified charitable organization located at 12222 Merit Dr., Suite 850, Dallas, TX, 75251, Federal Tax ID #75-1106620.
The above form is sufficient if the donor desire that his or her gift (bequest) be used at the discretion of The Catholic Foundation to support current charitable needs.
However, if it is desired that the gift (bequest) be held in a named fund and applied to a specific organization or field of interest, add the following:
The (name of fund) of The Catholic Foundation will be held in perpetuity, not in trust but in fee simple, preserving the name with grants directed to the following charitable interests and primary concerns with regard given to the current priority needs at all times, with the reasonable spending policy amount to be available in the sole discretion of The Catholic Foundation a qualified charitable organization located at 12222 Merit Dr., Suite 850, Dallas, TX, 75251, Federal Tax ID #75-1106620.
(name of organization(s) or areas of charitable and/or geographic interests.)
Specific Bequest:
If you are considering making an outright bequest to The Catholic Foundation, we recommend the following language:
Bequest of a Specific Dollar Amount
I hereby give, devise and bequeath _________ and No/100 dollars ($DOLLARS) to The Catholic Foundation, to be held by The Catholic Foundation in perpetuity, not in trust but in fee simple with the reasonable spending policy amount to be available in the sole discretion of The Catholic Foundation, for uses and purposes in support of religious, charitable and educational needs and programs consistent with the Foundation’s charter. The Catholic Foundation is a qualified charitable organization located at 12222 Merit Dr., Suite 850, Dallas, TX, 75251, Federal Tax ID #75-1106620.
Bequest of Specific Personal Property
I hereby give, devise and bequeath DESCRIPTION OF PROPERTY to The Catholic Foundation, to be held by The Catholic Foundation in perpetuity, not in trust but in fee simple with the reasonable spending policy amount to be available in the sole discretion of The Catholic Foundation, for uses and purposes in support of religious, charitable and educational needs and programs consistent with the Foundation’s charter. The Catholic Foundation is a qualified charitable organization located at 12222 Merit Dr., Suite 850, Dallas, TX, 75251, Federal Tax ID #75-1106620.
Bequest of Specific Real Estate
I hereby give, devise and bequeath all of the right, title and interest in and to the real estate located at ADDRESS OR DESCRIPTION OF PROPERTY to The Catholic Foundation, to be held by The Catholic Foundation in perpetuity, not in trust but in fee simple with the reasonable spending policy amount to be available in the sole discretion of The Catholic Foundation, for uses and purposes in support of religious, charitable and educational needs and programs consistent with the Foundation’s charter. The Catholic Foundation is a qualified charitable organization located at 12222 Merit Dr., Suite 850, Dallas, TX, 75251, Federal Tax ID #75-1106620.
Percentage Bequest
If you are considering making a bequest of a percentage of your estate to The Catholic Foundation, we recommend the following language:
I hereby give, devise and bequeath ____ percent (___%) of my total estate, determined as of the date of my death, to The Catholic Foundation, to be held by The Catholic Foundation in perpetuity, not in trust but in fee simple with the reasonable spending policy amount to be available in the sole discretion of The Catholic Foundation, for uses and purposes in support of religious, charitable and educational needs and programs consistent with the Foundation’s charter. The Catholic Foundation is a qualified charitable organization located at 12222 Merit Dr., Suite 850, Dallas, TX, 75251, Federal Tax ID #75-1106620.
Residual Bequest
I hereby give, devise and bequeath to The Catholic Foundation the rest, residue and remainder of my estate, to be held by The Catholic Foundation in perpetuity, not in trust but in fee simple with the reasonable spending policy amount to be available in the sole discretion of The Catholic Foundation, for uses and purposes in support of religious, charitable and educational needs and programs consistent with the Foundation’s charter. The Catholic Foundation is a qualified charitable organization located at 12222 Merit Dr., Suite 850, Dallas, TX, 75251, Federal Tax ID #75-1106620.
Contingent Bequest
If (primary beneficiary) does not survive me, then I hereby give, devise and bequeath to The Catholic Foundation DESCRIPTION OF PROPERTY, to be held by The Catholic Foundation in perpetuity, not in trust but in fee simple with the reasonable spending policy amount to be available in the sole discretion of The Catholic Foundation, for uses and purposes in support of religious, charitable and educational needs and programs consistent with the Foundation’s charter. The Catholic Foundation is a qualified charitable organization located at 12222 Merit Dr., Suite 850, Dallas, TX, 75251, Federal Tax ID #75-1106620.
Should you be contemplating a charitable gift of $100,000 or more from your estate, you may find the charitable remainder trust a particularly flexible way to achieve your philanthropic goals, while achieving benefits in terms of income tax deductions, reduced estate taxes, decreased capital gains taxes, increased income from assets, and the ability to provide for your spouse and/or heirs.
There are two principle kinds of charitable remainder trusts:
The Charitable Remainder Annuity Trust which allows you to ensure an income for life at the same time it provides for the community to benefit in perpetuity. The donor who establishes an Annuity Trust at The Catholic Foundation creates a permanent charitable fund and receives a fixed annual income for life, as does a surviving spouse. The donor also benefits from a significant income tax deduction that can be taken immediately and carried forward up to five additional years, and from reduced estate taxes.
The Charitable Remainder Unitrust similarly provides for a charitable fund, an income for life for the donor and his or her surviving spouse, and the relevant tax advantages. Instead of a fixed annual income, however, a specific percentage of the trust assets (the minimum is 5 percent) is returned to the donor each year.
At the end of the trust, any assets remaining in the charitable remainder trust can be used to establish a named charitable fund, or accrue to the Foundation’s Unrestricted Endowment Fund.