Charitable Gifts and Bequests

Without a will, the fate of your estate could be in the hands of provincial court administrators and would be distributed according to the set rules of the province.

With a will:

• You decide how your estate will be distributed;
  
  
• You, your notary, and your financial planner design strategies to reduce tax charges on your estate;
  
  
• You appoint an administrator who is skilled in handling estate details;
  
  
• You arrange to continue your charitable support of organizations such as The Kidney Foundation of Canada.

Consider revising your will.

If you answer " no " to one or more of the following questions, you may wish to review your will. It may not serve you as well as you had hoped.

• Does the will still meet your family's needs?
  
  
• Do you still live in the same province you lived in when the will was made?
  
  
• Is the executor named in your will still the right person? Is the executor still willing and dependable?
  
  
• Does your will provide guardians for children or other dependants who may need special care?
  
  
• Does your will include a bequest to The Kidney Foundation of Canada?

What type of will should you choose?

The legal system in the province of Quebec recognizes three types of wills:

Notarial or authentic will.
This type of will is made before a notary in the presence of one or two witnesses.

Holograph will.
A holograph will is entirely hand-written by the testator and signed by him and does not require the presence of witnesses.

Will made in presence of witnesses.
This type of will does not have to be hand-written by the testator, however, it must be signed by the testator or by a third person for him, in his presence, and according to his instructions. The will must be signed before two witnesses who must also sign the will.

The most difficult when writing a will is to well identify all that constitutes your estate and to make a list of everyone and/or charitable organizations to whom you wish to bequeath something or make a donation.

There are four ways to designate a bequest:

People who wish to designate a bequest to a charitable organization such as The Kidney Foundation of Canada may do so in four primary ways:

• A specific bequest, which is a specific gift; usually a cash gift, but sometimes a gift of real estate, securities, or cultural property.
  
  
• A potential bequest, which is a gift that takes effect only if the principal beneficiary does not survive the donor.
  
  
• A universal bequest, which includes the total estate.
  
  
• A residual bequest, which gives the Foundation any portion of the estate that remains after specific bequests, debts and taxes are paid.

Samples of typical testimentary provisions

Here are several examples of clauses that will enable you to make a donation to The Kidney Foundation of Canada. These models may also inspire you to designate other beneficiaries.

A - Examples of clauses for a specific legacy

1. I bequeath to The Kidney Foundation of Canada, whose head offices are located in Montreal, Quebec, all sums of money deposited in my name at the Caisse Populaire (or Bank) ________________, under any form of deposit, including term deposits, all permanent shares and life-insurance proceeds attached to these deposits.
   
   
2. I bequeath to The Kidney Foundation of Canada, whose head offices are located in Montreal, Quebec, the sum of __________________ ($ ), to be paid by my executor, without interest, in the year of my death.
   
   
3. I bequeath to The Kidney Foundation of Canada, whose head offices are located in Montreal, Quebec, all my securities (stocks, bonds, options, mortgage bonds, mutual funds, etc.) registered on account with my broker ________________, as well as all shares I own in any investment funds.
   
   
4. I bequeath to The Kidney Foundation of Canada, whose head offices are located in Montreal, Quebec, all claims, securities and interests that I hold at the time of my death, in a registered retirement savings plan, a registered retirement income fund, a registered pension plan or a deferred profit-sharing plan, as provided for under the terms of the Income Tax Act and the Taxation Act.
   
   
5. I bequeath to The Kidney Foundation of Canda, whose head offices are located in Montreal, Quebec, all my stocks in the company ______________ .
   
   
6. I bequeath to The Kidney Foundation of Canada, whose head offices are located in Montreal, Quebec, my collection of works of art (or books, etc.) which can be found _________________ .
   
   
7. I bequeath to The Kidney Foundation of Canada, whose head offices are located in Montreal, Quebec, my property (or building) located in __________________________________ (city, town, etc.), at ________________________ (address), on the condition it assumes responsibility for any conventional mortgage encumbering this property at the time of my death.
   
   
8. I bequeath to The Kidney Foundation of Canada, whose head offices are located in Montreal, Quebec, my farm located at ____________________, which consists of land and buildings, as well as all harvests, in field and/or in store, agricultural equipment, animals of any kind and all that is required, in general, to operate the said farm at the time of my death.

B- Samples of testimentary provisins for a subsidiairy legacy

1. Ordinary Will:
   Should the legatee mentioned above not survive me, I substitute, in his or her place, The Kidney Foundation of Canada, whose head offices are located in Montreal, Quebec.

2. Will in Trust:
   Should any of the beneficiaries of the trust created within the meaning of the present article die before receiving the whole of the properties allocated for their benefit, I bequeath or transfer this residual portion to The Kidney Foundation of Canada, whose head offices are located in Montreal, Quebec, for the realization of its mission and in such a manner that The Foundation may use the sums not distributed to the beneficiary/beneficiaries.

C- Samples of testimentary provisions ofr a universal legacy

1. I bequeath (the remainder of) all my personal assets and property to The Kidney Foundation of Canada, whose head offices are located in Montreal, Quebec, and I appoint the said Foundation as my universal (remainderman) legatee.
   
   
2. I bequeath to The Kidney Foundation of Canada, whose head offices are located in Montreal, Quebec, all personal assets and property which I leave upon my death.
   
   
3. I bequeath to The Kidney Foundation of Canada, whose head offices are located in Montreal, Quebec, one quarter (1/4) of all the personal assets and property that make up my estate.
   
   
4. I bequeath all my personal assets and property to the persons mentioned below, whom I appoint as my universal legatees in the following proportions:
   a) one third (1/3) to The Kidney Foundation of Canada, whose head offices are located in Montreal, Quebec ;
   b) one third (1/3) to &
   c) one third (1/3) to &

D - Samples of testimentary provisions for a legacy with restrictions

Bequests with restrictions are bequests that include a condition.

1. I bequeath to The Kidney Foundation of Canada, whose head offices are located in Montreal, Quebec, the sum of __________ ($ ), so that The Foundation can to create an endowment fund bearing the name of ________________________; the income generated by this fund is to be used for the development of the Quebec Branch.

2. I bequeath to The Kidney Foundation of Canada, whose head offices are located in Montreal, Quebec, the sum of _______________ ($ ), to be used for the following purpose: __________________________________________ and this, to support the said Foundation in the realization of its mission.