Bequests and Wills

“Unto everyone hath been enjoined the writing of a will. The testator should head this document with the adornment of the Most Great Name, bear witness therein unto the oneness of God in the Dayspring of His Revelation, and make mention, as he may wish, of that which is praiseworthy, so that it may be a testimony for him in the kingdoms of Revelation and Creation and a treasure with his Lord, the Supreme Protector, the Faithful.”

Bahá’u’lláh, Kitáb-i-Aqdas

To convey their wishes clearly, it is highly recommended that the friends engage the services of an attorney who is knowledgeable in the preparation of wills. Holographic (handwritten) wills are not legal in some states and can be more easily contested in others. There are computer software packages available for will preparation which may be used as an assistance in gathering necessary information and in organizing one’s thoughts, but in all cases it is advisable to have an attorney review the document by whatever means it is prepared.

"A person has full jurisdiction over his property. If he is able to discharge the Huqúqu'lláh, and is free of debt, then all that is recorded in his will, and any declaration or avowal it containeth, shall be acceptable. God, verily, hath permitted him to deal with that which He hath bestowed upon him in whatever manner he may desire." - Baháu'lláh, Kitáb-i-Aqdas

• A Will specifies who is to receive your possessions when you die. Through a Will you can assure that your property goes to the people and institutions most important to you during your life. A Will is an efficient means for assuring that your Bahá'í books and archival materials go where you wish. Having a Will avoids intestacy, which is the condition of being without a Will at death. Currently in the United States, in cases of intestacy, civil law dictates the distribution of the estate without regard to the wishes of the deceased. There is no provision for a bequest to the Faith without a Will.

• The Will provides a vehicle for giving to the Funds of the Faith. The Will is one of the least expensive and easiest methods of preserving this benefit to the Faith.

• Your Will can nominate the persons to serve as guardians of your children, and facilitate your desire that they be reared as Bahá'ís.

• A Will allows your estate to be passed on in an efficient and effective way, reducing taxes where possible and providing proper management of assets.

• Through a Will you select the individual to administer your estate.

• A Will allows you to provide financial security for those beneficiaries who have special circumstances, such as minor children, disabled or elderly persons, and those who cannot manage their inheritance.

• In your will you can name an executor to carry out its provisions. The person you name as executor should be someone who knows your family and business circumstances well. This will enable the executor to manage your estate according to your wishes.

1. CAREFUL REFLECTION. Think carefully about your true objectives. Desires often conflict with necessities. Practical considerations may differ from ideals. Equity among beneficiaries may be financially impractical. A husband may think, "I want to leave everything to my wife!" Upon reflection, however, he may realize his real objective is providing financial security for his family. A mother may think, "I want to leave $20,000 to my daughter." Her real objective, however, may be to put her daughter through college. The point is that in preparing your Will, think first about your ultimate objectives. Write down the things you would like to accomplish through your Will, leaving aside how it is to be done. Consider the following written in a letter on behalf of Shoghi Effendi: “even though a Bahá'i is permitted in his will to dispose of his wealth in the way he wishes, yet he is morally and conscientiously bound to always bear in mind, while writing his will, the necessity of his upholding the principle of Bahá'u'lláh regarding the social function of wealth, and the consequent necessity of avoiding its over-accumulation and concentration in a few individuals or groups of individuals."

   - Kitáb-i-Aqdas

2. CONSULTATION. Talk over your objectives with your family and advisors; get their advice on what your Will should provide. Be candid about your feelings and the needs of your beneficiaries. Your advisors will need specific facts about your assets, income and obligations as well as your objectives. The more information you give them the more they can help. At this point, decide the specifics of your Will: the amounts, percentages or specific properties to be bequeathed to each beneficiary; whether bequests are to be outright or in trust; contingency provisions; persons to be nominated such as executors, trustees, ete.

3. SKIlFUL DRAFTING. A Will is a legal document and must therefore be drafted carefully. You must include all the important provisions that will assure your objectives are met, Be concerned about various contingencies, the legal powers of your executors, the source of funds for paying debts, costs and taxes, possible common disaster, apportionment provisions, and the exact names of all beneficiaries. Make sure that your Will is drafted, signed and witnessed as sure required by state law. It is advisable to have a lawyer draft your Will if your estate is complex (e.g., includes a business, large real estate holdings, partnership interest, etc.). The Will should include the Testimony, prepared and given to the drafter for inclusion in the Will. The Testimony is a personal statement of ones belief as described by Bahá'u'lláh in the Kitáb-i-Aqdas: "The testator should head this document with the adornment of the Most Great Name, bear witness therein unto the oneness of God in the Dayspring of His Revelation, and make mention, as he may wish, of that which is praiseworthy, so that it may be a testimony for him in the kingdoms of Revelation and Creation and a treasure with his Lord, the Supreme Protector, the Faithful."

4. REVIEW YOUR WILL. Your lawyer will probably draft your Will based on current conditions, laws, asset values, planning techniques, and financial needs and objectives. These factors can and do change. Your Will must change with them. To be safe, take the time, at least once every other year, to review your Will in light of your current circumstances.

5. SAFEKEEPING. Your carefully written Will may be meaningless unless it can be found at the time of your death. You should also keep the original Will in an easily accessible place in order to be able to destroy it if you write a new Will. Your own safety deposit box may not be the best place to keep your Will to because, in many states, safety deposit boxes are sealed immediately upon the death of the lessee. A much better place would be a fireproof home safety box, but this is only useful if you have left instructions with trusted individuals as to the location of the box and its combination. However you decide to safeguard your Will it is important that it can be located quickly when it is needed.

You need to disclose fully to your lawyer all the facts concerning your property. You also need to supply personal information about yourself and and others to whom you wish to give part of your estate. yourself All of your family, your lawyer's questions are intended to obtain from you the information needed to draw up a Will that meets your particular needs and desires. Your lawyer has the legal duty to maintain in strictest confidence the information you give. Before preparing your Will or visiting your lawyer, make a list of your personal affairs. This will assist the preparation of your Will. Make several copies of the list. Keep one where your spouse, executor or close friends can find it in an emergency. This list will be extremely helpful to your executor in administering your affairs. This list should include:

1. Your legal name.

2. Address of your permanent residence. (If you have more than one residence, list the address of each.)

3. Date and place of birth.

4. Social Security number.

5. Name and address of your employer and your accountant,

6. The full legal names (do not use nicknames), addresses, and ages of your immediate family members, indicating their relationship to you (e-g., sister, cousin). It is also important to identify any family member who is unable to manage his or her own affairs.

7. Your spouse's legal name.

8. Date and place of marriage. Place where your marriage license can be found. If you have been married previously, note the name of any deceased or former spouse(s) (only necessary if there is a financial obligation currently in force such as alimony.) If divorced, what court granted final divorce decree; the date of decree; whether contested and who brought the action If legally separated, give all pertinent details and place where the separation agreement can be found. Provide a copy of the prenuptial agreement if you entered into one.

9. The full names and birth dates of your children (both natural and adopted). If they are beneficiaries, at what age should they receive their distribution. If one predeceases you, how should this share be distributed?

10. The full names and addresses of any other intended beneficiaries.

11. Do you have the right to exercise a power of appointment under someone's will or trust? Show your lawyer a copy of the document granting that power.

12. Where are your income and gift tax returns kept? Provide your attorney with copies of your tax returns for the past two years. Also provide name and address of preparer.

13. Regarding real estate which you own, (only if the property goes to a specific beneficiary and is not included in the residue of the estate) provide the following:

(a) Present value

(b) Your cost-basis

(c) Any mortgage on the property by yourself? Jointly? With whom?

(d) Provide a legal description of any property you own.

14. Regarding your personal assets (other than real estate) provide the following:

(a) Approximate value of each

b) Debts owed to you. If any debts owed to you are in the form of legal notes, take copies.

(c) Is the property jointly owned?

(d) List in detail valuable items (jewelry, antiques, oriental rugs, etc., and items of sentimental value).

(e) Designate whom you wish to give each of these assets It is preferable to to dispose of assets in shares or percentages rather than by the individual asset.

15. Also provide the following information or documents as they apply to you:

(a) Pension, profit sharing, stock options, or any other employment benefits. Which benefits are payable upon your death?

(b) The approximate amount of your debts. Give names and addresses of persons to whom you are indebted and the basis of your liability.

(c) The names and addresses of those you wish to serve as your executor, trustee (if any), and guardians (if any). List at least one alternate for each

(d) Copies of any employment contracts, buy-sell agreements or stock purchase plans you have

(e) Life insurance policies owned by you on your life (indicate owner); and policies owned by you on the life of others.

(f) Annuity policies owned by you including name and address of each company, policy number, principal beneficiaries, and if loans were made on any of the policies.

The following sample paragraph, incorporating all the requirements which are binding on western believers at this time, may be used to state the desire for a Bahá'í burial:

Being of the Bahá'í Faith, it is my desire to be buried in accordance Bahá'í law. In brief, that law states that the body should not be carried more than one hour's journey from the place of death to the place of burial; that the body should not be cremated; that the prayer for the dead be recited if the deceased is a Bahá'í of fifteen years of age or more; that the body not be embalmed unless required by civil law; and that the funeral be carried out in a simple and dignified manner.

Additional instructions for burial: Click Here

Being of the Bahá'í Faith, we request our executors and the members of our family upon our deaths to abide by the following:

1. Under no circumstances shall our bodies be cremated.

2. A Bahá'í funeral service should be conducted for us.

3. We should be buried at some suitable plot within one hour's journey from the place of our deaths.

4. Unless required by the laws of the United States or of the state in which we are domiciled at our deaths, our bodies should not be embalmed

5. All of our religious papers, books and correspondence shall be given and entrusted to the local Spiritual Assembly of the Bahá'ís of the area in which we are domiciled at our deaths or the nearest Assembly thereto.

6. Our children should be reared as Bahá'ís.

NAME ____________DATE __________________

Gifts by bequest can be made to the Local, National, Continental and International Funds. Unlike contributions, bequests made directly to international charitable organizations are tax deductible. See Section 2055 of the Internal Revenue Code).

Use the following legal titles when making a bequest:

-The Universal House of Justice, Haifa Israel*

-Continental Bahá'í Fund for the Americas*

-The National Spiritual Assembly of the Bahá'ís of the United States, an Illinois not-for-profit corporation

-Spiritual Assembly of the Bahá'ís of (locality name and state)

*Note: Bequests to The Universal House of Justice and the Continental Bahá'í Fund for the Americas can be cleared through probate more efficiently if they are made to "the National Spiritual Assembly for the benefit of The Universal House of Justice or the Continental Bahá'í Fund." This approach precludes the necessity of forwarding the release documents to the World Center for review and signatures.

For forms please refer to downloadable documents below.

Please mail forms to:

Bahá’í National Center

Attn: Planned Giving

1233 Central Street

Evanston, IL 60201

Bequests for Huqúqu'lláh should be made to the " Bahá'í Huqúqu'lláh Trust."