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Planned giving:
Anatomy of a Will


Bequeathing your estate through a will is an important decision to make. Recognizing the key components of a will helps in ensuring that your assets go to the right people for the right purpose. Below are a few elements that are typically included in a will. Please note that the items below are not necessarily required in a will to the Foundation. We recommend that you seek the legal advice from an attorney to assist you in developing your will.

  • Identification and Domicile: Identify the maker of the will and state your legal residence.
     
  • Revocation of prior wills and codicils: If you have prior wills, you must state that your current will revokes all other.
     
  • Naming/Appointing an executor: You may designate a family member, friend, trusted associate or anyone else to be the executor of your estate. The person you named will manage your estate and will abide by your wishes stated in the will despite pressure from conflicting parties.
     
  • Taxes and administrative expenses: Identifies the revenue source for paying taxes on the taxable estate, assessed on assets passing either under the term of the will or outside its terms.
     
  • Bond: A bond may be used to protect your estate assets. It may be waived if your executor is your spouse, family member, or a close and reliable friend.
     
  • Payment of debts: Your debts will be charged against your estate before any assets are distributed.
     
  • Specific gifts: What specific gifts have you promised to which loved ones? What items of sentimental value do you want to leave for whom? You must be very specific so there is no confusion or feud about who gets what.
     
  • Gifts of real estate: If your house is not held in joint tenancy, you can will it to your spouse, children or charitable organization. If it is held in joint tenancy, you still need to provide what will happen to it should you survive the joint tenant.
     
  • The residuary estate: This names the beneficiaries, including charitable organizations, receiving the rest of your estate.
     
  • Survivorship: In the event of a joint disaster, this clause will specify whether you will be presumed to have survived your beneficiary.
     
  • Closing: Includes the date of the will, signature of the maker and signatures of witnesses.



> Charitable Remainder Trusts

> Giving Appreciated Securities

> Giving Personal Property

> Giving Real Estate

> Life Insurance Gifts

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> Will Bequests

> Back to Planned Giving

 

* The information on this site is not intended as legal, tax or investment advice. For such advice, please consult an attorney, tax professional or investment professional.

May 2005