Georgia Provision in Testamentary Trust with Bequest to Charity for a Stated Charitable Purpose

State:
Multi-State
Control #:
US-0658BG
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample provision in a testamentary trust with a bequest to charity for a stated charitable purpose.

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FAQ

A charitable bequest is a gift in a will that is designated for charitable purpose.

Unlike with private trusts, the common law Rule Against Perpetuities (Rule) does not apply to the duration of charitable trusts.

RULE AGAINST PERPETUITIES. The rule against perpetuities applies to trusts other than charitable trusts. Accordingly, an interest is not good unless it must vest, if at all, not later than 21 years after some life in being at the time of the creation of the interest, plus a period of gestation.

1) Vested interest is not affected by the rule because once the interest are vested it cannot be bad for remoteness. 2) The rule is not applicable to land purchased or held by Corporation. 3) Gift to charities, the rule does not apply to transfer for the benefit of public for religious, pious, or charitable purposes.

A charitable trust is a type of charity run by a small group of people known as trustees. The trustees are appointed rather than elected, and there is no wider membership. A charitable trust is not incorporated, so it cannot enter into contracts or own property in its own right.

Charitable trust. noun. a trust set up for the benefit of a charity that complies with the regulations of the Charity Commissioners to enable it to be exempt from paying income tax.

A charitable trust is an irrevocable trust established for charitable purposes and, in some jurisdictions, a more specific term than "charitable organization". A charitable trust enjoys a varying degree of tax benefits in most countries.

There are two main types of charitable trusts charitable lead trusts (CLTs) and charitable remainder trusts (CRTs).

Cash: A trust's or estate's cash donations to charity can be deducted to the extent of the lesser of the taxable income for the year or the amount of the contribution.

In order to be valid, a charitable trust must fulfill certain requirements. The settlor must intend to create this type of trust. There must be a trustee to administer the trust, which must consist of some res or trust property. The charitable purpose must be expressly designated.

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Georgia Provision in Testamentary Trust with Bequest to Charity for a Stated Charitable Purpose