North Dakota Community Foundation's Bequest Language
An excellent way for you to make a difference after you are gone is to leave the North Dakota Community Foundation a bequest in your will, living trust or with a codicil. One significant benefit of making a gift by bequest is that it allows you to continue to use the property you will leave to charity during your life. Another benefit is that you are able to leave a lasting legacy.
There are a number of ways you can make a bequest to the North Dakota Community Foundation to benefit the community, organization, or school of your choice.
In order to make a bequest, you should speak with your attorney. Your attorney can help you include a bequest to the North Dakota Community Foundation in your estate plan. We have provided some basic bequest language to assist you and your attorney.
In all of these examples, the suggested language indicates your gift is "for the North Dakota Community Foundation's general use and purpose." You can provide more specific direction regarding who your gift should benefit, if you like. Examples include:
If you are considering making an outright bequest to the North Dakota Community Foundation, we recommend the following language:
If you are considering making a bequest of a percentage of your estate to the North Dakota Community Foundation, we recommend the following language:
If you are considering a bequest but would like to ensure that your bequest will be used for a specific purpose, please let us know. We would be happy to work with you and your attorney to help you identify ways to give and meet your charitable objectives. We will also work with you and your attorney to craft language to accomplish your goals.
If you are making a restricted bequest, we recommend that your attorney include the following provision to give the North Dakota Community Foundation flexibility should it no longer be possible for NDCF to use your gift as you originally intended:
Please contact us if you have any questions about how to make a bequest to the North Dakota Community Foundation or to request any additional information that might be helpful to you and your attorney as you consider making a bequest to us. The more information we have about your charitable intention, the better able we are to carry out your wishes.
If you have included a bequest for NDCF in your estate plan, please contact us to let us know.
Types of Bequests
There are a number of ways you can make a bequest to the North Dakota Community Foundation to benefit the community, organization, or school of your choice.
Specific Bequest. A specific bequest involves making a gift of a specific asset such as real estate, a car, other property or a gift for a specific dollar amount. For example, you may wish to leave your home or $10,000 to the North Dakota Community Foundation.
Percentage Bequest. Another kind of specific bequest involves leaving a specific percentage of your overall estate to charity. For example, you may wish to leave 10% of your estate to the North Dakota Community Foundation.
Residual Bequest. A residual bequest is made from the balance of an estate after the will or trust has given away each of the specific bequests. A common residual bequest involves leaving a percentage of the residue of the estate to charity. For example, you may wish to leave 30% of the residue of your estate to the North Dakota Community Foundation.
Contingent Bequest. A contingent bequest is made to charity only if the purpose of the primary bequest cannot be met. For example, you could leave specific property, such as a vacation home, to a relative, but the bequest language could provide that if the relative is not alive at the time of your death, the vacation home will go to the North Dakota Community Foundation.
Percentage Bequest. Another kind of specific bequest involves leaving a specific percentage of your overall estate to charity. For example, you may wish to leave 10% of your estate to the North Dakota Community Foundation.
Residual Bequest. A residual bequest is made from the balance of an estate after the will or trust has given away each of the specific bequests. A common residual bequest involves leaving a percentage of the residue of the estate to charity. For example, you may wish to leave 30% of the residue of your estate to the North Dakota Community Foundation.
Contingent Bequest. A contingent bequest is made to charity only if the purpose of the primary bequest cannot be met. For example, you could leave specific property, such as a vacation home, to a relative, but the bequest language could provide that if the relative is not alive at the time of your death, the vacation home will go to the North Dakota Community Foundation.
Bequest Benefits
A bequest is generally a revocable gift, which means it can be changed or modified at any time.
You can choose to designate that a bequest be used for a general or specific purpose so you have the peace of mind knowing that your gift will be used as intended.
Bequests are exempt from federal estate taxes. If you have a taxable estate, the estate tax charitable deduction may offset or eliminate estate taxes, resulting in a larger inheritance for your heirs.
Bequest Language
In order to make a bequest, you should speak with your attorney. Your attorney can help you include a bequest to the North Dakota Community Foundation in your estate plan. We have provided some basic bequest language to assist you and your attorney.
In all of these examples, the suggested language indicates your gift is "for the North Dakota Community Foundation's general use and purpose." You can provide more specific direction regarding who your gift should benefit, if you like. Examples include:
- a specific fund at NDCF ("for the Anamoose Area Community Foundation")
- a new fund created with your gift at NDCF ("for the newly created "Joe Johnson Fund", supporting youth athletic programs across the state.")
- specific organizations you would like to benefit from your gift
- a general area where you would like to make a difference (e.g. the arts, senior citizens, etc.)
If you are considering making an outright bequest to the North Dakota Community 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 North Dakota Community Foundation, a nonprofit organization located at P.O. Box 387, Bismarck, ND, 58502-0387, Federal Tax ID #45-0336015, for the North Dakota Community Foundation's general use and purpose.
Bequest of Specific Personal Property
I hereby give, devise and bequeath DESCRIPTION OF PROPERTY to the North Dakota Community Foundation, a nonprofit organization located at P.O. Box 387, Bismarck, ND, 58502-0387, Federal Tax ID #45-0336015, for the North Dakota Community Foundation's general use and purpose.
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 North Dakota Community Foundation, a nonprofit organization located at P.O. Box 387, Bismarck, ND, 58502-0387, Federal Tax ID #45-0336015, for the North Dakota Community Foundation's general use and purpose.
2. Percentage BequestI hereby give, devise and bequeath _________ and No/100 dollars ($DOLLARS) to the North Dakota Community Foundation, a nonprofit organization located at P.O. Box 387, Bismarck, ND, 58502-0387, Federal Tax ID #45-0336015, for the North Dakota Community Foundation's general use and purpose.
Bequest of Specific Personal Property
I hereby give, devise and bequeath DESCRIPTION OF PROPERTY to the North Dakota Community Foundation, a nonprofit organization located at P.O. Box 387, Bismarck, ND, 58502-0387, Federal Tax ID #45-0336015, for the North Dakota Community Foundation's general use and purpose.
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 North Dakota Community Foundation, a nonprofit organization located at P.O. Box 387, Bismarck, ND, 58502-0387, Federal Tax ID #45-0336015, for the North Dakota Community Foundation's general use and purpose.
If you are considering making a bequest of a percentage of your estate to the North Dakota Community 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 North Dakota Community Foundation, a nonprofit organization located at P.O. Box 387, Bismarck, ND, 58502-0387, Federal Tax ID #45-0336015, for the North Dakota Community Foundation's general use and purpose.
3. Residual Bequest
I hereby give, devise and bequeath to the North Dakota Community Foundation, a nonprofit organization located at P.O. Box 387, Bismarck, ND, 58502-0387, Federal Tax ID #45-0336015, ALL OR A PERCENTAGE of the rest, residue and remainder of my estate to be used for the North Dakota Community Foundation's general use and purpose.
4. Contingent Bequest
If (primary beneficiary) does not survive me, then I hereby give, devise and bequeath to the North Dakota Community Foundation, a nonprofit organization located at P.O. Box 387, Bismarck, ND, 58502-0387, Federal Tax ID #45-0336015, DESCRIPTION OF PROPERTY to be used for the North Dakota Community Foundation's general use and purpose.
Restricted Bequests
If you are considering a bequest but would like to ensure that your bequest will be used for a specific purpose, please let us know. We would be happy to work with you and your attorney to help you identify ways to give and meet your charitable objectives. We will also work with you and your attorney to craft language to accomplish your goals.
If you are making a restricted bequest, we recommend that your attorney include the following provision to give the North Dakota Community Foundation flexibility should it no longer be possible for NDCF to use your gift as you originally intended:
If, in the judgment of the Board of Directors of the North Dakota Community Foundation, it shall become impossible for the North Dakota Community Foundation to use this bequest to accomplish the specific purposes of this bequest, the North Dakota Community Foundation may use the income and principal of this gift for such purpose or purposes as the Board determines is most closely related to the restricted purpose of my bequest.
Contact Us
Please contact us if you have any questions about how to make a bequest to the North Dakota Community Foundation or to request any additional information that might be helpful to you and your attorney as you consider making a bequest to us. The more information we have about your charitable intention, the better able we are to carry out your wishes.
If you have included a bequest for NDCF in your estate plan, please contact us to let us know.