Creating a Last Will and Testament in Florida with a Charity Bequest

Considering a charity bequest to a cause you love? Planning your legacy is about more than just dividing assets—it’s about expressing your values and supporting the people and organizations that matter most.

One of the most powerful tools in this process is a properly drafted last will and testament in Florida.

If you are 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 about the estate planning process and how to leave a lasting legacy.

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 estate planning lawyer in Florida, you will ensure your intentions are clearly documented, legally binding, and aligned with your overall philanthropic goals.

What Is a Bequest?

Many clients ask, “What is a bequest?” Simply put, a bequest is a gift of personal property, money, or other assets that is transferred to a beneficiary upon your death through your will or trust.

When the beneficiary is a nonprofit organization, it is known as a charitable bequest.

So, what is a bequest donation specifically? It is a provision in your estate documents directing a portion of your estate to support charities.

Anyone can make a bequest—in any amount—to an individual or charity. Whether you have modest means or significant wealth, you can become a bequest recipient donor and make a meaningful impact.

Planned Giving Strategies to Leave Money Effectively

When you decide to leave money to a nonprofit, you aren’t just making a donation; you are engaging in planned giving.

This strategic approach allows you to maximize the value of your gift while potentially minimizing income taxes for your heirs.

Whether you choose to donate assets like appreciated securities or designate a life insurance policy, a Florida estate planning attorney can help you structure these gifts so they provide the greatest benefit to the recipient of a bequest.

Making a Will Donate to Charity: Types of Bequests

When you create a last will and testament in Florida, it is important to understand the different ways you can make a charity bequest.

As an estate planning attorney Florida, I help clients tailor these gifts to their financial situation and family dynamics.

Here are the primary ways to structure bequest gifts:

1. Specific Bequest

A specific bequest is the most straightforward form of charitable bequests. It involves designating a particular dollar amount or a specific asset to a named specific charity.

Example: “I give the sum of $25,000 to the American Cancer Society.”
Assets: You can donate appreciated securities, a vacation home, jewelry, or other property.

This is ideal when you want to ensure a single charity receives a precise gift.

2. Residuary Bequest

A residuary bequest allows you to leave a percentage of the remaining value of your estate (after debts, other expenses, and gifts to heirs are distributed) to one or more charities.

Example: “I give 20% of the residue of my estate to Habitat for Humanity.”
Benefit: This ensures your surviving spouse and family are taken care of first. The recipient of a bequest receives the remainder, which alleviates concerns about donating too much too early.

3. Contingent Bequest

A contingent bequest allocates assets to a charity only if specific conditions are met.

Example: “I leave my estate to my sister. If she predeceases me, I leave 100% to the Humane Society.”
Why use it: This ensures your bequest wills never result in intestacy.

How to Support Charities and Build a Lasting Legacy

Your estate plan is the blueprint for your lasting legacy. By choosing to support charities through a last will and testament in Florida, you ensure that your values survive long after you are gone.

Many clients find that charitable bequests offer a profound sense of purpose.

Whether you want to fund medical research, support local animal shelters, or back religious institutions, defining your philanthropic goals now ensures your voice continues to be heard.

Advanced Charitable Giving: Donor Advised Funds and Trusts

For clients with significant philanthropic goals, a simple will might not be enough. An experienced estate planning lawyer Florida can help you utilize more complex vehicles.

Donor Advised Fund (DAF)

A donor advised fund is an investment account used to give money to nonprofits. It acts like a charitable savings account.

How it works: You donate assets (like cash or stock) to the fund and take an immediate tax deduction. You can then recommend grants to many nonprofits over time.
Estate Planning: You can designate a donor advised fund account as a charitable beneficiary for an investment account or in your will.

Charitable Remainder Trust (CRT) & Gift Annuities

Charitable Remainder Trust: This irrevocable trust generates an income stream for you or other beneficiaries for a term of years, with the remainder going to your designated charity.
Charitable Gift Annuities: This involves a contract between a donor and a charity. You transfer assets to the charity, and in return, the charity pays you a fixed income for life.

These planned giving strategies can provide additional tax benefits during your lifetime and help you avoid capital gains tax on appreciated securities.

Common Myths About Charity Bequests

As an estate planning attorney Florida, I often hear misconceptions that stop people from leaving a legacy. Let’s clear up the confusion about what a charity bequest really involves.

Myth 1: “I need to be wealthy to leave a bequest.”

Fact: You do not need a massive estate to make a difference. The act of giving matters more than the amount of the gift. Anyone can become a philanthropist through their last will and testament in Florida. Whether you leave a modest sum or a large endowment, what is a bequest if not a reflection of your values? Even a small percentage of your estate can have a significant impact on a charitable organization.

Myth 2: “I have to donate cash.”

Fact: You have many options. The gift can be a specific dollar amount, a percentage of your estate, or a particular asset such as real estate or stocks. You can decide exactly what you want to give. Charitable bequests provide clear instructions to the executor on how to distribute certain assets, ensuring that your charitable intentions are carried out exactly as you envision.

Myth 3: “It’s too complicated and expensive.”

Fact: Adding a bequest does not have to significantly increase costs. In fact, including gifts to charities in your estate plan can alleviate concerns about donating too much too early. By planning for a gift after you pass, you retain full access to your assets during your lifetime. An experienced estate planning lawyer in Florida can easily integrate these provisions into your existing estate planning documents.

Myth 4: “My family knows which charity I like, so I don’t need to be specific.”

Fact: Vague instructions lead to legal headaches. To include a charitable donation in your will, clearly specify the charity’s full legal name, address, and tax ID number. There are thousands of nonprofits with similar names. Obtaining the charity’s full legal name and federal tax identification number helps prevent confusion among similarly named organizations.

Myth 5: “I shouldn’t tell my family about my bequest.”

Fact: Surprises in probate court can lead to disputes. It is important to clearly communicate your charitable intentions to your family and other named beneficiaries. When you consult with an estate planning lawyer florida, we often recommend discussing your plan with loved ones to preserve family harmony. You can list one or more charities in your will or trust, and explaining why you chose them helps your family understand your legacy.

The Florida Estate Planning Process for Charitable Impact

The estate planning process involves more than just distributing personal property; it is about defining how you want to be remembered.

When you make a bequest, you provide critical support to many nonprofits that rely on long-term funding.

By working with an estate planning lawyer in Florida, you can navigate complex tools like a charitable remainder trust or a donor advised fund to create a plan that benefits both your family and the causes you care about.

Benefits of a Charitable Bequest in Will

Incorporating charitable donations into your will offers numerous financial and personal benefits:

Tax Deductions: A charitable bequest in will can significantly reduce federal tax liability for your estate.
Flexibility: You can list one or more charities in your will or trust and change them as your desires change.
Legacy: It creates a lasting legacy, ensuring you support charities that reflect your values.
Family Harmony: It can serve as a neutral asset destination, preventing disputes over personal property.

Non-Probate Assets: Life Insurance and Retirement

You do not always need a will to give. You can name a charity as a beneficiary on an investment account, such as an IRA or 401(k), or a life insurance policy.

Retirement Accounts: Naming a charity as a beneficiary on retirement accounts is highly tax-efficient. If you leave an IRA to a family member, they may have to pay income taxes on distributions. Charities are tax-exempt and receive the full amount. This also helps with required minimum distributions rules for heirs.
Insurance Policy: You can designate a charity to receive all or part of a life insurance policy payout.
POD Accounts: You can use beneficiary designations to make an account Payable on Death (POD) to a charity.

The Estate Planning Process: Drafting Your Will

Creating a last will and testament in Florida requires strict adherence to legal formalities.

Florida Will Requirements

To be valid, your will must be:

In writing.
Signed by the testator.
Witnessed by two individuals.

Selecting the Right Language

Most charities and nonprofit organizations can support the work of your attorney and financial planner by providing specific language to include in your estate documents.

It is vital to use the charity’s full legal name and Tax ID to ensure the bequest recipient is correctly identified.

Updating Your Will

You should review and update your will periodically to ensure it reflects your wishes, especially if circumstances change.

If you have an existing will, you can add a codicil to make minor changes—such as adding other charities—rather than creating a new will.

Why You Need an Estate Planning Attorney Florida

While you may be tempted to write your own will, bequest wills require precision. If a charitable bequest in will is drafted incorrectly, the recipient of a bequest may never receive the gift, or your estate could face unnecessary litigation.

A qualified estate planning lawyer in Florida ensures:

Your charitable bequests are legally binding.
You maximize tax deductions and minimize federal tax.
Your plan accounts for multiple charities or a single charity correctly.
You understand the difference between a will and a revocable living trust.

Maximizing Tax Efficiency with Florida Estate Planning Laws

One of the most compelling reasons to engage in estate planning for giving back is the potential for significant tax advantages.

While Florida is known as a tax-friendly state because it has no state-level income tax or “death tax,” your estate may still be subject to the federal estate tax if its value exceeds the federal exemption limit.

A knowledgeable estate planning attorney Florida can help you structure your charitable bequests to lower the total value of your taxable estate.

By utilizing the estate tax charitable deduction, the full value of the assets you leave to a qualified 501(c)(3) organization can be deducted from your estate’s gross value.

This strategy not only fulfills your philanthropic goals but can also save your heirs a significant amount of money in federal taxes, preserving more of your wealth for your family.

Furthermore, when you donate appreciated securities (stocks that have gone up in value) directly to a charity through your will or a trust, your estate avoids paying capital gains tax on that appreciation.

This is a nuanced area of law where a generic online form will fail you. A dedicated estate planning lawyer in Florida is essential to ensure these provisions are drafted correctly to satisfy both the IRS and Florida probate courts.

Ensuring Privacy Through a Revocable Living Trust in Florida

A major concern for many of our clients is privacy. It is important to understand that a last will and testament in Florida becomes a public record once it is filed with the probate court.

This means that anyone—neighbors, predators, or curious distant relatives—can request a copy of your will and see exactly who received what, including the specific amounts left to your bequest recipient.

If you prefer to keep your charitable intentions and the details of your financial legacy private, you may want to consider using a revocable living trust Florida instead of a simple will.

Unlike a will, a trust generally does not pass through the public Florida probate process.

When you fund a bequest to charity through a trust, the distribution is handled privately by your trustee. This ensures that your charitable donations remain a private matter between you, your family, and the organization.

An experienced estate planning lawyer Florida can evaluate your specific situation to decide if a trust-based plan is the best way to protect your privacy while achieving your legacy goals.

FAQs About Charitable Bequests

Q: Can I donate to multiple charities? A: Yes, you can support multiple charities by assigning percentages or specific amounts to each bequest recipient.

Q: What about income taxes? A: Charitable donations made via a will generally apply to estate taxes, not your personal final income taxes, though strategies like charitable gift annuities can impact income tax during your life.

Q: What if I have a vacation home I want to donate? A: You can make a specific bequest of real estate, including a vacation home, provided the charity can accept such gifts.

Q: Is a bequest legally binding? A: Yes, a valid last will and testament in Florida makes your bequests legally binding instructions for the probate court.

Speak with a Florida Estate Planning Attorney About Your Charity Bequest

If you are ready to secure your legacy and support the causes you care about, it is time to consult a trusted estate planning attorney Florida.

Whether you are drafting your first last will and testament in Florida or updating an existing plan to include a charity bequest, personalized legal guidance ensures your wishes are clearly documented.

We help clients make thoughtful, tax-smart decisions—whether you are using a donor advised fund, leaving insurance policy proceeds, or making a specific bequest donation.

Don’t wait until it’s too late. If you are wondering how to leave money to charity in a will, contact a knowledgeable estate planning lawyer Florida today. Your legacy deserves clarity and purpose.

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.