[WSBAPT] will provision to delegate selection of charitable beneficiaries to PR

Wed Mar 7 13:28:02 PST 2018

I agree with Amber and Lisa that a donor advised fund is the best tool for accomplishing your client’s goals, but in response to your initial question, a testamentary gift that is irrevocably assigned to charity will qualify for income and estate tax deductions even if the testator allows the executor to choose specific charitable beneficiaries. Unfortunately, don’t have a citation for this.
Hope this helps,
John

John Creahan
www.cairn-law.com<http://www.cairn-law.com/>
Now located in the heart of Fremont
3417 Evanston Ave. N, Suite 312
Seattle, WA 98103
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Doug Owens
Sent: Wednesday, March 7, 2018 1:10 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] will provision to delegate selection of charitable beneficiaries to PR

Dear Amber, thank you.  Yours truly, Doug Owens

On Mar 7, 2018, at 11:46 AM, Amber K. Quintal <aquintal at omwlaw.com<mailto:aquintal at omwlaw.com>> wrote:

Similar to Lisa's suggestion but still involving the PR (if that's the goal) - the client could make the bequest to a donor advised fund (like Fidelity Charitable giving account) on which the PR is the account holder, or if the testator is the account holder, the PR is the account successor.

https://www.fidelitycharitable.org/docs/Bequests.pdf

Amber K. Quintal  |  Member

Ogden Murphy Wallace P.L.L.C.
901 Fifth Avenue, Suite 3500 Seattle, WA 98164
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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Lisa E Schuchman
Sent: Wednesday, March 7, 2018 11:15 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] will provision to delegate selection of charitable beneficiaries to PR

Doug,

I have sent people with this idea to the Seattle Foundation or the Pride Foundation.  With both foundations, the donor can meet and set up a list of donees. They can also change them if they want to (while they are alive).  The beneficiary in the will is the foundation, either of which will give you language to use in the will.  They charge a management fee, of course, but some of my clients have thought it worthwhile to have the flexibility.

Lisa E. Schuchman
206-960-4212
http://www.lisaschuchman.com<http://www.lisaschuchman.com/>

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-----Original Message-----
From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Doug Owens
Sent: Wednesday, March 7, 2018 10:53 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] will provision to delegate selection of charitable beneficiaries to PR

Dear list mates, I have a client who has asked me to prepare a will that includes a substantial residuary provision that would authorize the PR to select charities to receive shares of the estate.  I have not come across this before and I wonder first if a PR can select beneficiaries and second whether this provision would pass muster as a charitable gift to entitle the estate to the charitable deduction for estate tax purposes.  Is there another way that people use to accomplish this objective such as a trust?  But can a trustee select the beneficiaries of a trust?  And would a testamentary gift to a trust qualify for the charitable tax deduction?  Thanks for your consideration.  Yours truly, Douglas Owens

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