BEQUEST SAMPLE LANGUAGE
Unrestricted Bequest
Unrestricted gifts are always welcome, since they allow the Center the discretion to use the gift where it will be most effective at the time it is received.
“I give, devise, and bequeath to Franklin Community Center, a not-for-profit corporation established under the laws of the State of New York, in the City of Saratoga Springs, in the State of New York, [the sum of money, the following property described exactly, a stated percentage of the estate, or the rest, residue and remainder of my estate] to be used for the benefit of Franklin Community Center in such manner as Franklin Community Center shall deem fit and proper.”
Restricted Bequest
Bequests may be limited as to use of income. For instance, the restriction may state: “To be invested with the general operating funds of Franklin Community Center, the whole or any part of the income to be used for its general purposes.” Restrictions may also be made as to the purpose for which the bequest is intended – for a specific program, for technology, to support staffing or facilities. Franklin Community Center would appreciate an opportunity to review such language before it is incorporated into the will to ensure that we can put the funds to appropriate use in accordance with your wishes.
Restricted Bequest-Contingency Provision
A will provision may be made for purposes already achieved by the time the will comes into effect. Therefore, it is most desirable that all bequests for specific purposes add a clause similar to the following: “Should all or a part of the gift be unable to be used to the best advantage for the stated purpose, Franklin Community Center shall be empowered to utilize funds in a manner which will support the organization, keeping in mind the original intent and purposes stated herein.”
Percentage of the Estate
“I give, devise, and bequeath ___ percent (___%) of my estate of whatsoever kind and nature of which I may die, seized or possessed, to Franklin Community Center to be used as the Board of Directors may direct for Franklin Community Center’s general purposes.” (This may be made more specific by changing the language after the words “to be used.”)
Contingent Beneficiary
“In the event that my [spouse, children, named heirs] fail to survive me, or our common deaths occur in such a manner that the order of death cannot be ascertained, then, and only in such event, I give, devise, and bequeath all the rest, residue, and remainder of my estate of whatsoever kind and nature of which I may be seized or possessed, to Franklin Community Center to be used as Franklin Community Center may direct for its general purposes.”
