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Sample Language for Bequests

Below are examples of language that you can use in your will or trust, but we advise you to obtain the assistance of an attorney when making or revising your will. 

 
Cash Bequest

“I bequeath the sum of $_______________ to The Farmers Land Trust, a Delaware non-stock corporation, to be used or disposed of as The Farmers Land Trust, in its sole discretion, deems appropriate.”

 

Bequest of Property - Personal Property

“I bequeath (describe property) to The Farmers Land Trust, a Delaware non-stock corporation, to be used or disposed of as The Farmers Land Trust in its sole discretion deems appropriate.”

 

Bequest of Property - Real Estate

“I devise all of my right, title, and interest in and to real estate located at (give address and describe property) to The Farmers Land Trust, a Delaware non-stock corporation, to be held as part of a Farmland Commons in the state in which land is located.”

 

Residuary Bequest - Share of or Entire Value of Residue of Your Estate

“I devise and bequeath (________ percent) (the entire value) of the residue of my estate to The Farmers Land Trust, a Delaware non-stock corporation, to be used or disposed of as The Farmers Land Trust in its sole discretion deems appropriate.”

 

Contingent Bequest

To leave the charitable organization whatever is left in the estate after the death of the primary heir(s), usually the surviving spouse, insert the conditional language into one or more of the above provisions:

 “If my husband (wife) does not survive me, I bequeath the sum of $__________ to The Farmers Land Trust, a Delaware non-stock corporation, to be used or disposed of as The Farmers Land Trust in its sole discretion deems appropriate.”

 

Restricted Use

If the gift to The Farmers Land Trust is for a purpose other than The Farmers Land Trust’s unrestricted use, insert the restriction in place of the words “to be used or disposed of as The Farmers Land Trust in its sole discretion deems appropriate.”  For example:

“I bequeath the sum of $________ to The Farmers Land Trust, a Delaware non-stock corporation, for the following use:
“i.e. the purchase of critical lands, land protection and decommodification needs, land management and stewardship, etc.”

In the event of a gift subject to a restriction, we would appreciate your consulting with us to determine if the restriction is appropriate for The Farmers Land Trust. We also suggest including one of the following provisions:

  • A. “However, I impose no legal or equitable obligation in this regard.”

  • B. “If in the judgment of The Farmers Land Trust it becomes, or is likely to become, impossible or impractical to accomplish the purposes of this gift, the income or principal, or both, may be used for such related purposes and in such manner as determined by The Farmers Land Trust.”

     

Questions?

If you have questions about this material or require additional information about making a provision in your will to benefit The Farmers Land Trust, please contact:

Co-Executive Director, Ian McSweeney and Co-Executive Director, Kristina Villa at development@thefarmerslandtrust.org, or by calling (833) 432-7658

The Farmers Land Trust is a Delaware non-stock corporation.

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