Do you want to increase the number of gifts in Wills that your charity receives?

Over the weekend, while drafting Wills for clients, I was reminded that there are still charities making the same mistake that could potentially be costing their charity millions of dollars in gifts each year.

First of all, this is not me ‘having a go’ at charities, I understand charities have plenty of charitable work to do. One of the enjoyable aspects of being an Estate Planning Lawyer is seeing clients who can, leave gifts in their Wills to charities.

However, it surprises me the number of charities who do not have their charity’s details on their website for lawyers acting for Will-makers intending on leaving a gift in Will to the charity.

It is important for lawyers when drafting Wills with charitable gifts in Wills, they clearly identify your charity. This is done so after the Will-maker dies and the Executors distribute the Will-maker’s Estate, there is no confusion of which charity is to receive the gift. The last thing charities need or want is a protracted dispute over which charity the gift in Will was intended for.

I suggest, a simple ‘How to leave a gift in your Will to us’ landing page on the charity’s website that outlines:

1. The name of your charity you wish to receive gifts in Wills (i.e. Springfield General Hospital Foundation).

2. The street address of your charity (i.e. 100 Shelbyville Road, Springfield, Victoria 3000).

3. The Australian Business Number of your charity (i.e. ABN 21 123 456 789).

When a charity does not have these details on its website, it usually means the lawyer drafting the Will, has to telephone or email the charity requesting the above details. Occasionally, it can take weeks for charities to respond to these requests, causing delays to the Will-maker finalising their Will. In rare instances, the Will-maker may become frustrated with the delays and instruct their lawyer to gift the share of the Estate your charity would have received to another charity. These delays can be avoided by having your charity’s details clearly outlined on your website.

If your charity wants to go ‘all out’, it could also add:

1. Suggested wording in the Will for the specific clause when gifting to your charity.

2. A few words outlining the differences between a specific gift and residuary gift.

3. An explanation of what a residuary of an Estate is.

4. Ask the Will-maker to notify your charity of the gift in their Will so you can thank them.

The number and value of charitable gifts in Wills is growing rapidly. If your charity, no matter how big or small, is wanting to receive charitable gifts in Wills, it needs to ensure that it has a ‘How to leave a gift in your Will to us’ webpage that clearly outlines your charity’s details for lawyers and Will-makers.

Murnane Legal | Mobile Wills and Estates

DISCLAIMER: This article is provided for general information purposes only. It does not constitute specific legal advice or opinion. Although our aim is to provide you with as accurate information as possible, you should not act or rely upon the information in this article without seeking the advice of an experienced lawyer who specialises in the particular area of law relevant to your inquiry. Please do not to hesitate to contact Murnane Legal to make further inquiries or to make an appointment to discuss the specifics of your situation.