Photo by Michael P. Sampson
Your wheatens have touched you and your family deeply. You’d like to extend that love after you, too, pass over the rainbow bridge. What are your options for leaving a legacy to help wheaten terriers?
Estate planning options typically include providing in a will (or a codicil to a will) or in a trust (or an amendment to a trust) to benefit one or more nonprofit wheaten exempt organizations.
An “exempt organization” means an organization contributions to which a donor makes that, for estate and gift tax purposes, are deductible under Sections 2055 and 2522 of the Internal Revenue Code. Examples include the Soft Coated Wheaten Terrier Club of Greater Tampa Bay, Inc., the Soft Coated Wheaten Terrier Club of America, Inc., Wheatens in Need, the National Wheaten Rescue Inc., or regional wheaten terrier nonprofits.
The table below summarizes alternative language options for provisions in (i) a Florida Last Will and Testament or (ii) a Trust for distributions to the Soft Coated Wheaten Terrier Club of Greater Tampa Bay, Inc. (SCWTCGTB). The Settlor (of a Will) or Grantor (of a Trust) may supplement the SCWTCGTB with (or substitute the SCWTCGTB for) other worthy exempt charitable organizations.
The summary below is not legal advice. The general examples are for consideration. They may not be suitable for every situation. You must consult with an estate planning attorney to ensure the language follows state law, federal tax requirements (e.g., IRC Sections 2055 and 2522), and your specific estate planning goals. Your estate planning attorney can verify the exempt status of the organization, draft precise language, and address potential tax implications.
Document Type | Provision Type | Alternative Language Options | Notes |
Last Will and Testament | Outright Bequest to Exempt Organization | 1. “I give, devise, and bequeath [specific amount, percentage of estate, or specific property] to [The Soft Coated Wheaten Terrier Club of Greater Tampa Bay, Inc.], a qualified organization under Section 501(c)(3) of the Internal Revenue Code, for its general charitable purposes.” 2. “I bequeath [specific amount or percentage] of my residuary estate to [The Soft Coated Wheaten Terrier Club of Greater Tampa Bay, Inc.], a tax-exempt entity under IRC Section 501(c)(3), to be used at its discretion for its exempt purposes.” 3. “I devise [specific property, e.g., real estate or securities] to [The Soft Coated Wheaten Terrier Club of Greater Tampa Bay, Inc.], a charitable organization qualifying under IRC Sections 2055 and 2522, for its charitable mission.” | Ensure the organization is properly identified (legal name, address) and qualifies as a 501(c)(3) entity. Confirm the bequest aligns with Florida probate requirements. |
Last Will and Testament | Conditional Bequest to Exempt Organization | 1. “If [primary beneficiary] predeceases me, I give [specific amount or property] to [The Soft Coated Wheaten Terrier Club of Greater Tampa Bay, Inc.], a qualified 501(c)(3) organization, for its general purposes.” 2. “In the event my estate exceeds [specific amount], I bequeath [amount or percentage] to [The Soft Coated Wheaten Terrier Club of Greater Tampa Bay, Inc.], a tax-exempt entity under IRC Section 501(c)(3), for its charitable purposes.” 3. “If my [named beneficiary] is unable to accept the bequest, I direct that [amount or property] be distributed to [The Soft Coated Wheaten Terrier Club of Greater Tampa Bay, Inc.], a charitable organization under IRC Sections 2055 and 2522.” | Conditional bequests require clear triggers to avoid ambiguity. Florida law requires precise language to ensure enforceability. |
Last Will and Testament | Residuary Bequest to Exempt Organization | 1. “I give the residue of my estate, after payment of debts, taxes, and specific bequests, to [The Soft Coated Wheaten Terrier Club of Greater Tampa Bay, Inc.], a qualified organization under IRC Section 501(c)(3), for its charitable purposes.” 2. “All the rest, residue, and remainder of my estate, I bequeath to [The Soft Coated Wheaten Terrier Club of Greater Tampa Bay, Inc.], a tax-exempt entity under IRC Sections 2055 and 2522, to support its mission.” 3. “After all other distributions, I devise my entire residuary estate to [The Soft Coated Wheaten Terrier Club of Greater Tampa Bay, Inc.], a 501(c)(3) organization, for its general use.” | Residuary bequests should account for estate taxes and administrative expenses to ensure the gift is feasible. |
Trust | Outright Distribution to Exempt Organization | 1. “The Trustee shall distribute [specific amount, percentage, or property] from the trust corpus to [The Soft Coated Wheaten Terrier Club of Greater Tampa Bay, Inc.], a qualified 501(c)(3) organization, for its general charitable purposes.”
2. “Upon [event, e.g., death of grantor or beneficiary], the Trustee shall pay [amount or percentage] to [The Soft Coated Wheaten Terrier Club of Greater Tampa Bay, Inc.], a tax-exempt entity under IRC Sections 2055 and 2522, for its exempt purposes.” 3. “The Trustee is directed to transfer [specific asset] to [The Soft Coated Wheaten Terrier Club of Greater Tampa Bay, Inc.], a charitable organization under IRC Section 501(c)(3), to be used at its discretion.” | Trusts must specify distribution timing and conditions. Verify the trust’s tax status (e.g., revocable or irrevocable) impacts deductibility. |
Trust | Charitable Remainder Trust (CRT) Provision | 1. “The Trustee shall pay [annual percentage or fixed amount] to [non-charitable beneficiary] during their lifetime, and upon their death, the remainder shall be distributed to [The Soft Coated Wheaten Terrier Club of Greater Tampa Bay, Inc.], a qualified 501(c)(3) organization, for its charitable purposes.” 2. “The trust shall operate as a charitable remainder trust under IRC Section 664, with [non-charitable beneficiary] receiving [amount/percentage] annually, and the remainder passing to [The Soft Coated Wheaten Terrier Club of Greater Tampa Bay, Inc.], a tax-exempt entity under IRC Sections 2055 and 2522.” 3. “The Trustee shall distribute income to [non-charitable beneficiary] for [term or life], after which the trust corpus shall be paid to [The Soft Coated Wheaten Terrier Club of Greater Tampa Bay, Inc.], a 501(c)(3) organization, for its mission.” | Charitable Remainder Trusts require compliance with IRS rules (e.g., minimum payout rates). Florida trusts must adhere to the Uniform Trust Code, chapter 736, Florida Statutes. |
Trust | Contingent Distribution to Exempt Organization | 1. “If [named beneficiary] is deceased or unable to receive distributions, the Trustee shall distribute [amount or percentage] to [The Soft Coated Wheaten Terrier Club of Greater Tampa Bay, Inc.], a qualified 501(c)(3) organization, for its general purposes.” 2. “In the event the trust’s primary purpose cannot be fulfilled, the Trustee shall transfer the trust assets to [The Soft Coated Wheaten Terrier Club of Greater Tampa Bay, Inc.], a tax-exempt entity under IRC Sections 2055 and 2522.” 3. “Should [specific condition] occur, the Trustee is directed to pay [amount or asset] to [The Soft Coated Wheaten Terrier Club of Greater Tampa Bay, Inc.], a charitable organization under IRC Section 501(c)(3).” | Contingent provisions must be clearly defined to avoid disputes. Ensure alignment with Florida trust law. |