Bequests - Estate Gifts by Will
Will Power is what donors create when they prepare a thoughtful will: The power to use the accumulated fruits of a lifetime to provide for loved ones as they see fit, rather than as the government determines. Power to ease the transition of their passing for those who survive them. When a donor includes the Thunder Bay & District Humane Society in a will, they are using Will Power to help strengthen the Humane Society's programs and purposes they believe in for generations to come.
Acceptable Assets:
- Gifts funded with cash or cash equivalents
- Publicly listed securities including mutual funds
- Proceeds from retirement plan accumulations (RRSP's and/or RRIF's)
- Gifts of Real Estate
- Gifts of other tangible property
Benefits to the Thunder Bay & District Humane Society:
- Generally, easy to administer
- The expectancy of future gift is known, provided that bequest wording is not changed
Benefits to the Donor:
- Revocable during the donor's lifetime
- Donation receipt for use in final income tax return against 100% of taxable income
- Satisfaction of providing for a future gift while retaining full control of property
Most Appropriate For:
- All individuals (any age), but especially older persons with few or no heirs
Common Questions & Answers:
Q: Is making a will difficult?
Ordinarily it's quite simple. The process begins by listing assets and most important personal possessions (nothing should be overlooked!), and the persons, institutions and causes for which an individual would like to provide. Then a lawyer should be consulted to review intentions and draft the final document in proper language.
Q: What if I change my mind later on?
A will is fully revocable when you are alive - you retain control and can easily make revisions should your wishes or circumstances change, either by having a new will drafted or adding a codicil to an existing one.
Q: Does a charitable bequest provide a tax benefit?
For most people, yes. At death, your estate is entitled to a donation receipt for the full value of a bequest, providing a significant tax credit on their final tax return. For example, Mrs. Wilson, a widow, leaves $10,000 to Thunder Bay & District Humane Society and the remainder of her estate to her two children. Her bequest results in a tax saving of $4,500 (assuming a combined tax credit of 45 percent). If she had left the $10,000 to her children instead of giving it to the Humane Society, taxes would have consumed $4,500 and only $5,500 would have passed to the children.
Q: Does a charitable bequest have to be in cash?
No, you may also give publicly listed securities, real estate or artworks. Because a charitable bequest is creditable up to 100 percent of income in the year of death, the tax credit will almost always exceed tax on the gain, resulting in some tax savings. Whether the bequest consists of cash or other property, any portion not usable because of the 100-percent-of-income limit can be carried back to the prior year, again subject to the 100-percent limit.
Q: What is the best way to make a bequest to the Thunder Bay & District Humane Society?
A bequest may take any of several forms. Consider these possibilities:
- A general bequest is for a certain dollar amount of property, usually cash: "I give to the Thunder Bay & District Humane Society the sum of $100,000 to be used for its general purposes."
- A specific bequest directs that the Humane Society is to receive a specific piece of property: "I give... 500 shares of XYZ stock..."
- A residual bequest designates all or a portion of whatever remains after all debts, taxes, expenses and other bequests have been paid: "I give... fifty percent (50%) of the rest, residue and remainder of my estate..."
- A contingent bequest takes effect only under certain conditions: "In the event that my wife does not survive me, I give to the Thunder Bay & District Humane Society the sum of ..."
Q: How will a bequest be used?
Most bequests will be contributed for general purposes, but a donor may also make a restricted bequest to be used for a particular purpose or program. Subject to some limitations, a donor may specify that the principal of a bequest is to be held as endowment, and perhaps as a named endowment in their name or as a memorial to another. You will want to confer in advance with a representative of the Thunder Bay & District Humane Society to ensure that your wishes can be met and that the bequest provision is properly worded.
Q: A person wishes to name the local Thunder Bay & District Humane Society in their will. How can you assist them in doing this correctly?
Let the local Thunder Bay & District Humane Society assist you! They can provide you with helpful information on how to make a will and sample bequest language appropriate to the forms and purposes described above. At the request of the donor, a Humane Society representative would be happy to meet with you and the donor to discuss their intentions for giving.
When you have completed yout will and included or added a provision for the Thunder Bay & District Humane Society, it is customary for the organization to express its thanks. With the appropriate authorizations, the Humane Society may list a donor's name among the growing number of those who have provided for future gifts to the organization, where it serves to encourage still others to take that important step.
For more information or assistance with making a bequest to the Thunder Bay & District Humane Society, please consult your professional advisor.