October 22, 2025
A charitable bequest lets you make a lasting gift with a few lines in your last will and testament—but details matter. Using the charity’s exact legal name, choosing the right gift structure, and planning fallbacks if the organization changes will spare your executor administrative headaches and ensure your funds do the good you intend. Here’s a lawyer’s playbook for adding charitable gifts in a will in the U.S.
Specific dollar amount (pecuniary gift). Clean and predictable. Useful when you want certainty and don’t want market swings to affect the amount.
Percentage of the residuary estate. Scales automatically with your estate value and preserves proportionality with family gifts. Many people give a fixed percentage (e.g., 5%–10%) from the residuary estate after specific bequests.
Specific asset. Publicly traded stock or a collection can be gifted directly, but confirm practicality. Your executor needs to transfer or liquidate it; some assets are better sold with net proceeds gifted.
If your estate plan includes a revocable living trust, mirror the charitable provision there, ensuring the pour‑over will and trust align.
Nonprofits often operate under similar trade names. Use the organization’s full legal name, principal address, and, if you have it, the EIN in your notes to the executor. Precise identification prevents misdirection and delays. If you intend a program‑specific gift (scholarships, research), confirm the organization actually runs that program.
Unrestricted gifts let the charity apply funds where most needed. Restricted gifts can be powerful—e.g., “to fund scholarships for first‑generation students”—but may cause issues if programs change. If you do restrict, include a variance provision:
“If my stated purpose becomes impracticable, I authorize [Charity] to apply this gift to a similar purpose consistent with my intent.”
If family support is your top priority, consider giving charity a percentage of the residuary rather than a specific asset like the home. Percentages keep family whole if markets decline. If you want both family and charity to benefit from appreciated securities, speak with your tax adviser about sequencing; in general terms, charities don’t pay income tax on many types of investment income, so donating appreciated stock may be efficient.
Organizations merge, rename, or wind down. Name an alternate charity “for similar purposes” to avoid a court having to re‑home your gift. Alternatively, authorize your executor or trustee to select a similar organization if yours no longer exists.
Sample clause (adapt to your facts):
“I give [X% of my residuary estate / $X / the following assets] to [Full Legal Name of Organization], a nonprofit organization with its principal office at [Address], for its [general purposes / specified purpose]. If [Organization] is not then in existence, I direct this gift to [Alternate Organization] for similar purposes.”
If your gift is large or complex, consider using your revocable living trust for confidentiality and smoother administration.
As always, sign with two adult witnesses, add a self‑proving affidavit where available, and store the original where your executor can find it. A precise clause won’t help if the will falters on execution.
If you want to notify the charity (many have legacy societies), do so privately and ask for their preferred legal name. Tell family that you’ve made a charitable gift so it doesn’t surprise them later. Surprises create disputes; transparency builds support.
Add charitable gifts to a clean, state‑specific will: Online Last Will & Testament → /product/online-last-will/
Want privacy and faster transfers? Online Revocable Living Trust → /product/online-living-trust/
William is a personal finance journalist and writes on matters affecting people and their finances.
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William is a personal finance journalist and writes on matters affecting people and their finances.