Planned Giving Agreement Template
Formalize significant charitable commitments with attorney-drafted agreements that protect both donor and charity. This template covers seven gift structures from simple bequests to complex charitable remainder trusts, with provisions for tax compliance, recognition rights, gift restrictions, and modification terms that prevent your philanthropic intent from failing.
Last Updated: Jan. 18, 2025
What Is the Planned Giving Agreement Template?
This template creates a binding memorandum of understanding between donors and charitable organizations for major planned gifts. It documents gift type and amount, establishes whether commitments are revocable or irrevocable, specifies how the charity will use gift proceeds, defines donor recognition and naming rights, addresses tax implications and valuation requirements, and provides modification procedures if circumstances change.
The agreement covers seven distinct planned giving structures including charitable bequests, beneficiary designations, charitable gift annuities, charitable remainder trusts, charitable lead trusts, retained life estates, and multi-year pledges. Each structure includes specific provisions for administration, timing, income distributions where applicable, and successor beneficiaries. Unlike informal pledge cards or donor intent letters, this agreement provides comprehensive legal protection for gifts ranging from $25,000 to multimillion-dollar estate commitments.
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Is This Planned Giving Agreement Right for You?
You need this agreement if you're:
- Making a six-figure or larger charitable gift
- Establishing a charitable gift annuity for retirement income
- Creating a charitable remainder trust with appreciated assets
- Transferring real estate through a retained life estate
- Negotiating naming rights for major donations
- Formalizing a multi-year pledge commitment
You definitely need this agreement if:
- Your gift has restrictions on how funds can be used
- You're structuring a life income gift requiring annuity provisions
- The charity requests formal documentation before counting your pledge
- You want legal protection if the charity merges or dissolves
- Your estate planner requires written confirmation of charitable intent
Still unsure?
If the charity has asked you to formalize your commitment in writing or if your gift exceeds $25,000, you need this agreement.
Why Thousands Trust Legal GPS Templates
Save Money. Estate planning attorneys charge $2,000-5,000 to draft planned giving agreements. Our template costs $35.
Save Time. Complete your agreement in under an hour instead of multiple attorney meetings over several weeks.
Look Professional. Attorney-quality language that charities recognize and development officers expect for major gifts.
Keeps You Out of Court. The Variance Provision allows charities to modify gift restrictions if your designated purpose becomes impossible without court intervention, the Alternate Charitable Beneficiary provision redirects your gift if the organization dissolves, and the Confidentiality provisions prevent charities from publicly disclosing your financial information without consent.
What's Inside This Template?
Gift Description and Type (Article II)
Seven distinct planned giving structures including bequests, beneficiary designations, charitable gift annuities, remainder trusts, lead trusts, retained life estates, and multi-year pledges. Each includes specific administrative provisions, timing requirements, and whether the commitment is revocable or irrevocable.
Use of Gift Proceeds (Article IV)
Options for unrestricted general support, restricted purpose giving, or endowment funding with income-only spending. Includes Variance Provision allowing modification if designated purpose becomes impossible, protecting both donor intent and charity operations.
Recognition and Naming Rights (Article V)
Formalizes inclusion in donor societies, public recognition preferences, and naming opportunities for facilities or programs. Includes perpetual versus term naming, anonymity options, and charity's right to remove naming if donor brings disrepute to organization.
Annuity or Income Provisions (Article VII)
Detailed payment structures for charitable gift annuities with American Council on Gift Annuities rates, charitable remainder trust distributions for CRATs and CRUTs, and charitable lead trust payment schedules. Covers investment authority and fiduciary responsibilities.
Tax Implications and Valuations (Article VI)
Documents tax benefits for lifetime versus testamentary gifts, qualified appraisal requirements for non-cash property over $5,000, gift crediting methodologies, and clarifies that charity provides no tax advice. Protects both parties from IRS compliance issues.
Modification and Termination (Article VIII)
Procedures for amending the agreement by mutual consent, donor's unilateral right to revoke if marked revocable, effect of donor's death on estate obligations, and charity's right to decline gifts that compromise tax-exempt status or create undue burden.
| Premium Template Single-use Template |
Legal GPS Pro Unlimited Access, Best Value |
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$35
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$39/ month
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| Buy Template | Explore Legal GPS Pro |
| Trusted by 1000+ businesses | |
Get Protected in 3 Simple Steps
Step 1: Secure Checkout. Purchase through our encrypted payment system. Receive instant access to your template.
Step 2: Instant Download. Download your planned giving agreement template immediately in easy-to-edit format.
Step 3: Fill In the Highlighted Fields. Select your gift type, specify terms and restrictions, configure recognition and naming preferences, and execute with the charitable organization.
Frequently Asked Questions
Can I use this template multiple times?
Yes. Use it for different charities, different gift amounts, or different gift structures. You can establish multiple planned gifts with various organizations using the same template.
Is this agreement legally binding?
It depends on whether you mark your commitment as revocable or irrevocable in Article II. Irrevocable commitments and completed gifts are legally enforceable contracts. Revocable commitments are statements of intent that you can modify or cancel, though they create important understanding between you and the charity.
What's the difference between a charitable gift annuity and a charitable remainder trust?
A charitable gift annuity is a contract directly with the charity where they pay you fixed income for life from their general assets. A charitable remainder trust is a separate legal entity that holds assets, distributes income to you, and eventually transfers the remainder to charity. Trusts offer more flexibility and control but require separate legal documents and trustees.
Can I change the terms after signing the agreement?
Revocable commitments can be modified or cancelled by providing written notice to the charity. Irrevocable commitments can only be changed by mutual written agreement of both parties. Some modifications (like changing your will or beneficiary designations) require separate legal action beyond this agreement.
What happens if the charity I choose dissolves before receiving my gift?
Article X requires you to name an alternate charitable beneficiary with a similar mission. If you don't designate an alternate within the specified timeframe after being notified of the charity's dissolution, the agreement includes a default alternate or allows a court to direct the gift to a similar organization.
Do I need a lawyer to use this agreement?
The template is designed for direct use between donors and charities for standard planned giving arrangements. For complex situations involving trusts over $100,000, appreciated property, or intricate family dynamics, consult an estate planning attorney to ensure the agreement integrates properly with your overall estate plan.
| Premium Template Single-use Template |
Legal GPS Pro Unlimited Access, Best Value |
|
|
|
$35
|
$39/ month
|
| Buy Template | Explore Legal GPS Pro |
| Trusted by 1000+ businesses | |