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Your Legacy for Your Westies

By Ed Sheldon

Fall 2005, NEWS

The Westie Foundation of America (WFA) has placed a series of articles in our recent newsletters on its “Legacy Alliance” program.

As most of you already know, this program deals exclusively with your Will and the Bequest possibilities that your Will has to help our Westies into the future. We plan on three more articles dealing with WFA’s “Legacy Alliance” program in the next three newsletters. We hope you read them and give serious thought to remembering our Westies in your Will.

What follows is additional important information relevant to assuring that YOU decide what happens to your estate, as opposed to the government making that decision.

The transfer of property is obviously one of the primary functions of a will. Traditionally, a transfer of personal property was called a bequest, a transfer of money was called a legacy, and a transfer of real property was called a devise. These terms are now used interchangeably and all are referred to as bequests. Various types of bequests may be used in wills, eg:

SPECIFIC BEQUEST is a gift of a specific item to a specific beneficiary. For example: “I give my grand piano to my daughter Karen.” If that specific property has been disposed of before death, the bequest fails.

GENERAL BEQUEST is a gift of a stated sum of money. It will not fail, even if there is not sufficient cash to meet the bequest. For example: “I give $25,000 to my son John.” If there is only $2,500 cash in the estate, other assets must be sold to meet the bequest.

CONTINGENT BEQUEST is a bequest made on condition that a certain event must occur before distribution to the beneficiary. For example: “I give $50,000 to my son James, provided he enrolls in college before age 21.” A contingent bequest is specific in nature and fails if the condition is not met.

RESIDUARY BEQUEST is a gift of all the “rest, residue, and remainder” of the testator’s estate after all other bequests, debts, and taxes have been paid. One who owns property worth $500,000 may intend to give a child $50,000 by specific bequest and leave $450,000 to a spouse through a residuary bequest. If the debts, taxes and expenses were $100,000 there would only be $350,000 left for the surviving spouse.

A will assures your desires will be carried out. Please consider being an important benefactor in the future good life for the West Highland White Terrier. The Westie breed, like the human race, will live on after all of us. . . so also will the WFA Endowment Fund.

For further information, see the Legacy Alliance link here.

PLEASE BE AWARE THAT THE LAWS PERTAINING TO WILLS AND ESTATES DIFFER FROM STATE TO STATE. BEFORE FINALIZING YOUR GIFT, CONSULT A LICENSED ATTORNEY EXPERIENCED IN THE LAWS PERTAINING TO ESTATE PLANNING.

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