‘Tis the Season for Giving: Adding Charity to Your Estate Plan Through Trusts and Wills

As the holiday season approaches, many of us are inspired to spread warmth and goodwill by giving back to our communities and supporting charitable causes. One meaningful way to continue your legacy of generosity is by incorporating charity into your estate plan. By doing so, you can ensure that your favorite charities and causes continue to receive support even after you’re gone. In this blog post, we’ll explore how you can add charity to your estate plan through trusts and wills, making a positive impact that extends far beyond the holiday season.

Why Include Charitable Giving in Your Estate Plan?

Charitable giving is a noble and fulfilling endeavor that can leave a lasting impact on the world. When you incorporate charitable giving into your estate plan, you gain several benefits:

1. Leave a Lasting Legacy: By including charitable giving in your plan, you can leave a positive and lasting legacy. Your philanthropic contributions can continue to support causes and organizations you care about long after you’ve passed away, making a difference for generations to come.
2. Support Causes You Care About: If you have specific concerns or causes that are important to you, such as medical research, education, poverty alleviation, or environmental conservation, including charitable provisions in your estate plan allows you to address those concerns effectively.
3. Tax Benefits: Contributions made through your estate plan can offer significant tax advantages. In many jurisdictions, these gifts can reduce estate taxes, income taxes, and capital gains taxes, allowing you to maximize the amount available for philanthropic purposes and potentially reduce the tax burden on your heirs.
4. Fulfill Personal Values: Incorporating charity into your estate is a way to act on your deeply held beliefs and values. It allows you to support social, environmental, or humanitarian causes that are close to your heart, contributing to positive change in the world.
5. Engage Family and Heirs: Involving your family in charitable giving can be a powerful way to instill values and create a sense of purpose among your heirs. By including philanthropic provisions in your estate plan, you can encourage your loved ones to continue your tradition of giving and create a family legacy of philanthropy.
6. Support Local Communities: Many individuals choose to direct their charitable giving to local organizations and initiatives, thereby helping to strengthen their own communities and address local issues and needs.

Now, let’s explore two common methods to add charity to your estate plan: trusts and charitable in your will.

Charitable Trusts

Charitable trusts are a versatile and effective way to support philanthropic causes while also providing benefits to you during your lifetime and potentially for your heirs. Here’s how they work:

1. Charitable Remainder Trust (CRT): With a CRT, you transfer assets (such as cash, stocks, or real estate) to an irrevocable trust. The trust pays you or your designated beneficiaries an income stream for a specified period or for life. Afterward, the remaining assets in the trust go to your chosen charity or charities.
2. Charitable Lead Trust (CLT): In a CLT, the trust makes annual payments to the charity for a predetermined period, after which the remaining assets are typically passed on to your heirs or beneficiaries. This option allows you to support a charity for a specific period while preserving assets for your family.
3. Pooled Income Fund: A pooled income fund operates like a mutual fund for philanthropic giving. You contribute assets to a fund managed by a nonprofit organization, and you receive a share of the fund’s income for life. Afterward, your contributions go to support the charity’s mission.

Charitable Bequests in Your Will

A charitable bequest is a provision in your will that designates a specific amount or percentage of your estate to go to a charitable organization or cause upon your passing. Here’s how to add charitable bequests to your will:

1. Consult an Estate Planning Attorney: Seek the guidance of an experienced estate planning attorney to help you draft or update your will to include donations and bequests. They can ensure your intentions are clearly defined and legally sound.
2. Identify Your Charities: Determine which organizations or causes you want to support through your will. You can specify a particular charity, a foundation, or even create a scholarship fund or endowment.
3. Specify the Amount or Percentage: Decide whether you want to leave a fixed dollar amount or a percentage of your estate to charity. Be as specific as possible in your will to avoid confusion. Failing to specify or using percentages and amounts inconsistently can cause your attempted bequest to fail or lead to a substantial probate dispute. 
4. Keep Your Will Updated: As your financial situation or charitable interests change over time, remember to review and update your will to reflect your current wishes. This is particularly important if you want to bequeath specific assets instead of a percentage of your estate. If you no longer own the asset, that clause may be disregarded. Updating your will ensures that your intentions are respected. 

Get Experienced Legal Counsel to Add Philanthropy to Your Will

The holiday season serves as a poignant reminder of the joy of giving and the impact generosity can have on others. By incorporating charitable giving into your estate plan through trusts and wills, you can ensure that your spirit of giving lives on, making a positive difference in the lives of those in need. Consult with an estate planning attorney at CC LawGroup to tailor your charitable giving strategy to your unique goals and circumstances. This holiday season, take the first step towards leaving a legacy of generosity that extends far beyond the festivities and into the future.