Creating a Last Will and Testament in Florida with a Charity Bequest
Considering a Charity Bequest to a charity you love? Planning your legacy is about more than just dividing assets—it’s about expressing your values and supporting the people and causes that matter most. One of the most powerful tools in this process is a properly drafted last will and testament in Florida. If you’re considering how to leave a bequest to charity, this guide from a seasoned Florida estate planning attorney will walk you through everything you need to know.
Whether you wish to make a charity bequest to a local nonprofit, religious institution, or national foundation, including a charity gift in your estate plan ensures your legacy lives on. Florida law offers several ways to structure testamentary gifts to charity, and the right approach can reduce taxes, avoid probate delays, and provide peace of mind.
By working with a knowledgeable Florida will attorney, you’ll ensure your intentions are clearly documented, legally enforceable, and aligned with your overall estate plan. Let’s explore how your will can do more than transfer wealth—it can reflect your purpose.
What Is a Last Will and Testament in Florida?
A last will and testament in Florida is a legal document that outlines how your assets should be distributed upon your death. It also allows you to name guardians for minor children and specify your personal representative (executor).
Creating a legal will in Florida ensures that your wishes are legally enforceable and reduces the risk of family conflict. It also allows you to include a charity bequest, enabling you to support causes that align with your values.
Florida Will Requirements
To be valid, a Florida will must meet the following criteria:
- Be in writing (typed or printed)
- Signed by the testator (the person making the will)
- Witnessed by two individuals who also sign in the presence of the testator
While notarization isn’t required for validity, it’s recommended to make the will “self-proving,” which simplifies the Florida probate process.
Why Make a Bequest to Charity in Your Florida Will?
A bequest to charity in your will is a lasting way to make a difference. Some of the primary benefits include:
- Supporting a cause that reflects your values
- Reducing potential estate taxes through the estate tax charitable deduction
- Creating a legacy of generosity for your family to follow
A charity bequest can take many forms, from a cash gift to donating real estate or investment assets.
Types of Charitable Bequests in a Florida Will
Including a bequest to charity in your estate plan is one of the most effective ways to support a cause you believe in while reinforcing your personal legacy. When you create a last will and testament in Florida, it’s important to understand the different ways you can make a charity bequest so you can tailor your estate plan to your financial situation, philanthropic priorities, and family dynamics.
A Florida estate planning attorney can help you incorporate the right type of bequest based on your intentions, the size of your estate, and the legal requirements in Florida. Below are the primary types of charitable bequests in a Florida will that you should consider.
Specific Bequest
A specific bequest is the most straightforward and common form of charity bequest. It involves designating a particular dollar amount or a specific asset to a named charitable organization.
For example:
“I give the sum of $25,000 to the American Cancer Society, EIN 13-1788491, for its general charitable purposes.”
You can also leave tangible assets such as a car, jewelry, or even real estate, provided the charity is equipped to accept and manage such gifts.
This type of bequest to charity is ideal when you know exactly how much you wish to give and which organization will receive the gift. It provides clarity for your executor and ensures your wishes are honored. It’s critical, however, to identify the charity accurately—using its full legal name and tax ID—to avoid misdirection of your gift. Your Florida will attorney can help ensure this language is properly drafted.
Residuary Bequest
A residuary bequest allows you to leave a percentage of the remaining value of your estate (after debts, taxes, and other gifts are distributed) to one or more charitable organizations.
For example:
“I give 20% of the residue of my estate to Habitat for Humanity of Greater Orlando & Osceola County.”
This approach ensures that your loved ones receive their designated assets first, and whatever remains is then passed to charity. A residuary charity bequest is often used when you want to balance family inheritance with charitable giving without assigning fixed dollar amounts.
Since this type of gift is based on the leftover estate value, the actual amount the charity receives may fluctuate. It offers flexibility and can be ideal for individuals who are unsure of the future value of their estate but still want to make a meaningful impact.
Contingent Bequest
A contingent bequest is a thoughtful backup plan that allocates assets to a charity only if specific conditions are met. For example, you might leave your estate to a family member, but if that person predeceases you or disclaims the inheritance, the estate would pass to your selected charity.
For example:
“I leave my entire estate to my brother, John Doe. If he does not survive me, I give the sum of $50,000 to the Alzheimer’s Association.”
Contingent bequests are useful when you want to prioritize individuals but still wish to support a charitable cause if those individuals are no longer around to receive your gift. This type of bequest charity clause adds a layer of flexibility and ensures that your estate never falls into intestacy or becomes subject to unintended distribution.
POD Beneficiary Charity Florida
Not all charitable gifts need to go through your will or probate. One increasingly popular method is naming a charity as a POD beneficiary (payable-on-death) on certain accounts.
In Florida, you can name a charity as the POD beneficiary of:
- Checking and savings accounts
- Certificates of deposit (CDs)
- Investment and brokerage accounts
This allows the funds to transfer directly to the charity upon your death, bypassing the Florida probate process entirely.
This method is easy to implement and cost-effective. It’s especially valuable when paired with a revocable living trust Florida or as part of a broader strategy to simplify your estate and minimize court involvement. However, it’s essential to ensure the designation aligns with the rest of your estate plan, so there’s no conflict or contradiction. Your Florida estate planning attorney can help verify everything is coordinated.
Which Type of Charity Bequest Is Right for You?
Each of these options offers distinct benefits depending on your goals. Here’s a quick comparison:
| Type | Pros | Best Use Case |
|---|---|---|
| Specific Bequest | Clear, direct, and easy to understand | When you know the exact amount or asset |
| Residuary Bequest | Flexible and scales with estate size | When balancing family and charitable gifts |
| Contingent Bequest | Acts as a backup and adds flexibility | To cover all scenarios |
| POD Beneficiary Charity | Avoids probate and simplifies asset transfer | For streamlined giving and faster payout |
Selecting the appropriate structure for your charity bequest requires understanding both the legal and financial implications. That’s why it’s essential to work with a knowledgeable Florida will attorney who can help draft legally sound documents that reflect your values and intentions.
Incorporating any of these types of testamentary gifts to charity in your last will and testament in Florida not only demonstrates your commitment to Florida charitable giving but also ensures your legacy lives on. Whether you’re leaving a small gift or a substantial donation, every charitable bequest matters. Let your estate plan tell your story and serve the causes you believe in—long after you’re gone.
Sample Florida Will Language for Charity Bequests
Using clear language helps ensure your intentions are followed. Here are examples of sample Florida will language:
“I give the sum of $10,000 to the American Red Cross, Tax ID 53-0196605, to be used for its general purposes.”
“I give 10% of the residue of my estate to Feeding South Florida, a nonprofit organization located in Pembroke Park, Florida.”
Ensure that your charity bequest includes the correct legal name and Tax ID to avoid confusion or legal issues.
Choosing the Right Charity for Your Florida Will
When deciding how to leave money to charity in a will, consider:
- The charity’s mission and track record
- Whether it’s a 501(c)(3) nonprofit (for tax benefits)
- Its long-term sustainability
- Local vs. national organizations
Research and consult with your Florida estate planning attorney to ensure your selected charity is eligible.
Benefits of Charity Bequests in Estate Planning
There are multiple benefits of charity bequests:
- Emotional Value: Demonstrates your commitment to causes beyond your lifetime
- Financial Planning: Potentially reduce your estate’s tax liability
- Social Impact: Supports communities, research, education, or social programs
- Family Harmony: Can be a neutral asset destination that avoids beneficiary disputes
A well-structured bequest charity provision reflects not only your values but your foresight.
Bequest to Charity vs. Revocable Living Trust in Florida
You can make testamentary gifts to charity through a will or a revocable living trust Florida. Here’s a comparison:
| Factor | Will | Revocable Living Trust |
|---|---|---|
| Goes through probate? | Yes | No |
| Privacy | Public record | Private |
| Timing of gift | After probate | Immediately upon death |
| Flexibility to change | High | High |
Each tool has its pros and cons. A Florida estate planning attorney can help you decide what works best for you.
Florida Probate Process and Charity Bequests
All wills must go through the Florida probate process, which is the court-supervised distribution of assets. When a will includes a charitable bequest in a will, the personal representative will:
- Notify the charity of the bequest
- Ensure the charity is properly identified
- Distribute the asset after debts and taxes are paid
This process is simplified when your will is clearly drafted with complete beneficiary information.
Updating Your Florida Will to Include a Charity Bequest
Not sure how to update a will in Florida? You have two main options:
- Codicil: A legal amendment to your existing will
- New Will: Revokes and replaces the old will
Changes should always be reviewed and executed with the help of a Florida will attorney to ensure compliance with state law and consistency across your estate planning documents.
What Happens If You Die Without a Will in Florida?
When someone passes away without a will, they are said to have died “intestate.” In Florida, intestacy triggers a strict set of default inheritance laws found in the Florida Probate Code. These laws dictate who inherits your property based solely on familial relationships, regardless of your personal wishes, charitable intentions, or verbal promises made during your lifetime. If you don’t have a legal will in Florida, the state—not you—decides who gets what.
Critically, without a properly executed last will and testament in Florida, any plans you had for Florida charitable giving will go unfulfilled. No bequest to charity, charitable bequest in a will, or testamentary gift to charity will be recognized under Florida intestacy laws. Charities are not considered heirs and have no claim to your estate unless they are specifically named in a valid estate planning document.
Who Inherits If You Die Intestate in Florida?
Florida’s intestate succession rules establish the following hierarchy:
- Spouse – If you die married and have no children (or only children with your spouse), your spouse typically inherits everything.
- Children – If you have children from another relationship, they may split your estate with your spouse.
- Parents – If you have no spouse or children, your parents inherit your estate.
- Siblings – If your parents are also deceased, your siblings become the heirs.
In rare cases, if no family members can be located, your estate “escheats” to the State of Florida. That means the government inherits your assets.
None of these default rules include provisions for a bequest charity, and the result is often an estate that is distributed in a way that may contradict your values, intentions, or long-term goals. If you wanted to support a religious organization, scholarship fund, medical research nonprofit, or any other cause through your estate, you must formalize that intention in writing with the help of a Florida will attorney.
Risks of Dying Without a Florida Will
- No Control Over Distribution: Intestacy laws operate without regard to fairness or complexity. That cousin you barely knew? He might inherit everything if he’s next in line.
- No Opportunity for Charitable Giving: Your passion for estate planning for giving back will go unrealized.
- Family Conflict: Heirs may fight over ambiguous or unfair distributions, leading to costly litigation.
- Court-Appointed Personal Representative: You won’t get to choose who handles your estate.
- No Protections for Unmarried Partners or Stepchildren: Florida law does not recognize them as legal heirs without a will.
A properly structured last will and testament in Florida can avoid these problems by clearly stating who inherits your estate and how. You can also designate a bequest to charity, specify POD beneficiary charity Florida designations, or establish a trust to manage gifts over time.
Why Having a Legal Will Matters for Charity Bequests
Your will is the legal instrument that allows you to create a charity gift in an estate plan. Without one, your estate becomes a missed opportunity for meaningful giving. Many clients assume that family members will “know” what they wanted to do with their money, but oral wishes carry no legal weight in probate court.
To ensure your charity bequest is honored, your will must:
- Clearly name the intended nonprofit (legal name and EIN)
- Indicate the form of the gift (cash, stock, percentage, etc.)
- Be executed according to Florida will requirements
- Be reviewed periodically to reflect changing circumstances and intentions
Whether you plan to leave a specific bequest, residuary bequest, or contingent bequest, it must be formalized. Florida law provides you with the flexibility to support both your family and the causes you care about, but only if you take action.
A Florida estate planning attorney can help you create a comprehensive will that complies with all state requirements and includes legally enforceable charity bequests. If you want to make a charitable bequest in a will, or you’re wondering how to leave money to charity in a will, professional guidance is essential.
Dying without a will doesn’t just cause inconvenience—it can undermine your entire legacy. With a valid Florida will, you gain the power to distribute your estate on your terms, protect your loved ones, and leave a lasting impact through Florida charitable giving. Don’t leave your wishes up to state statutes. Draft your will today and ensure your legacy is one you control..
Do I Need a Florida Estate Planning Attorney?
Absolutely. While online forms and do-it-yourself kits may seem convenient, they often fail to meet essential Florida will requirements—especially when your estate plan involves a bequest to charity. A poorly drafted or incomplete will can lead to probate delays, beneficiary disputes, and ultimately the failure to carry out your intentions.
When it comes to making charitable bequests in a will, precision is critical. Without proper legal language, your charity gift in the estate plan could be invalid, misinterpreted, or contested by family members. DIY wills rarely include customized clauses for contingent bequests, POD beneficiary charity Florida designations, or special provisions for estate tax charitable deductions.
A skilled Florida estate planning attorney will:
- Draft or revise your will to ensure it’s legally sound and enforceable in Florida courts.
- Ensure proper language for charitable bequests, including the correct legal name and tax ID of the nonprofit.
- Help minimize estate taxes through strategic planning tools such as trusts or lifetime gifts.
- Avoid future will contests by ensuring your intent is clear and the document meets all legal standards.
- Integrate your will with other planning tools, including revocable living trust Florida structures, retirement accounts, and payable-on-death assets.
An attorney will also guide you through how to leave money to charity in a will, helping you understand whether a specific, residuary, or contingent bequest is best suited for your goals. They can also help you prepare sample Florida will language that removes ambiguity and ensures your legacy reaches the right beneficiaries.
If you’re serious about Florida charitable giving, don’t take chances with generic templates. Working with a qualified Florida will attorney ensures your estate plan reflects your values, honors your wishes, and legally protects the people and causes you care about most.
FAQs About Charity Bequests in Florida Wills
Q: Can I name more than one charity in my Florida will?
Yes, you can divide your bequest to charity among multiple nonprofits by percentages or fixed amounts.
Q: What if the charity no longer exists when I die?
Your will should include alternate charities or allow the personal representative to choose a similar one.
Q: Is a charitable bequest the same as donating during my lifetime?
No. A charity bequest occurs posthumously through your will or trust, whereas lifetime gifts are immediate.
Q: Can my family contest a charity bequest?
They can try, but a properly executed last will and testament in Florida reduces this risk significantly.
Q: Will I get a tax benefit from a charity bequest?
Your estate may qualify for an estate tax charitable deduction, potentially reducing the amount owed.
Estate Planning for Giving Back
If you’re passionate about estate planning for giving back, incorporating a charity bequest into your will or trust is one of the most enduring ways to support what you believe in. From education to faith-based groups to animal rescue, your testamentary gifts to charity can continue your work long after you’re gone.
Final Thoughts: Secure Your Legacy with Purpose
Creating a last will and testament in Florida with a bequest to charity is not just a legal act—it’s a statement of values. By working with a trusted Florida estate planning attorney, you can:
- Ensure your loved ones and chosen causes are cared for
- Reduce taxes
- Minimize the risk of legal disputes
- Leave a legacy of generosity
Whether you’re updating an old will or starting from scratch, now is the time to include a charity bequest in your estate plan.
Ready to Create or Update Your Florida Will?
Contact our office today to speak with an experienced Florida will attorney about your goals. We’ll help you draft a clear, enforceable will that reflects your wishes and honors your legacy.
Speak with a Florida Estate Planning Attorney About Your Charity Bequest
If you’re ready to secure your legacy and support the causes you care about, it’s time to consult a trusted Florida estate planning attorney. Whether you’re drafting your first last will and testament in Florida or updating an existing plan to include a bequest to charity, personalized legal guidance ensures your wishes are clearly documented and legally enforceable.
At our firm, we help clients make thoughtful, tax-smart decisions—whether you’re leaving a charity bequest of cash, property, or a percentage of your estate. We’ll walk you through your options, help you avoid common pitfalls, and ensure your charitable bequest in a will aligns with Florida law and your personal goals.
Don’t wait until it’s too late to create a plan. If you’re wondering how to leave money to charity in a will or need to update your current documents, we’re here to help. Contact a knowledgeable Florida will attorney today and take the next step in your estate planning journey. Your legacy deserves clarity and purpose.
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