Legal Language

Sample Bequest Language

When creating a bequest or other testamentary gift for Dartmouth, you or your attorney will need to know the legal or corporate name of the College. It is "Trustees of Dartmouth College."

As you can see from the suggestions offered below, charitable bequests can take various forms:

A general bequest directs that Dartmouth receive a specified dollar amount or percentage of one's residuary estate to be used for the general purposes of the College. To include such a provision in your will we suggest the following:

"I hereby give, devise and bequeath to the Trustees of Dartmouth College______ dollars ($_____), or ________ percent (______%) of my residuary estate, whichever is less, to be used for the benefit of Dartmouth College as the Trustees thereof may direct."

A restricted bequest directs that Dartmouth use the monies for a specified program, project, activity, academic discipline, or one of the three professional schools. These bequests may be subject to minimum funding thresholds and require additional language in your will. Some suggested forms are listed below:

"I hereby, give, devise, and bequeath to the Trustees of Dartmouth College ______ dollars ($______), or _______ percent (______%) of my residuary estate"

For an existing permanent fund:

"...to be added to the _____________________ Fund. However, if such fund no longer exists, then it may be used as the Trustees of Dartmouth College may determine."

For a new permanent fund, income unrestricted:

"... to constitute a true endowment fund to be known as the ____________________ Fund, such fund to be kept invested by the Trustees of Dartmouth College, the annual income there from, as determined by the College's spending formula, to be used for the benefit of the College in such a manner as the Trustees may direct. This Fund, for the purposes of investment, may be combined with other funds of Dartmouth College."

For a permanent fund, income restricted:

"... to constitute a true endowment fund to be known as the ____________________ Fund, such fund to be kept invested by the Trustees of Dartmouth College, the annual income there from, as determined by the College's spending formula, to be used (description of restricted purpose of income utilization—please contact the Gift Planning Office for assistance). This fund, for the purposes of investment, may be combined with other funds of Dartmouth College. If, in the future, it is the opinion of the Trustees that all or part of the income of this fund cannot be usefully applied to the stated purpose, then it may be used for any purpose that the Trustees determine will most closely accomplish my stated purpose."

A contingent bequest takes effect only if the primary intention cannot be met.  For example:

"If (primary beneficiary) does not survive me, then I give to the Trustees of Dartmouth College all the rest, residue, and remainder of my estate to be used as the Trustees of Dartmouth College may determine."

A charitable bequest can also provide payments for life for a selected beneficiary by establishing a testamentary charitable remainder trust (established under the donor's will) that provides payments to the beneficiary for life with the principal then being paid to Dartmouth.

Please contact the Gift Planning Office for more information or further guidance regarding restricted bequests, bequests of retirement plan assets, or testamentary planned gifts.