Charities often publish the wording that they recommend be used
by a Will maker who wishes to leave a gift to that charity. This is
to ensure that the gift does not fail because:
the charity is incorrectly named;
the charity is too narrowly directed in how
the gift can be used;
the charity has ceased to exist at the time
the Will comes into effect.
A Will maker should ensure the following:
The charity name is correct in the Will, and
includes its Australian Business Number (ABN) if it has an
The charity is authorised to use the gift for its
"general purposes" in case it has ceased
to work in a particular area;
A fall back position is included in the
clause, to cover the off chance that the charity may have ceased to
exist, have merged with another charity or have changed its name by
the time the Will is effective;
The Will maker remains in touch with and aware
of the works of the charity after the Will is made so that if the
charity changes its name, its purposes, or ceases to exist, then
the Will maker can update the Will.
"I give to [insert name of charity] the sum of $[ ]; or/ I
give to [insert name of charity] ....% of the rest and residue of
to be applied by [insert name of charity] for the general
purposes of [insert name of charity] as determined by [insert name
I direct that the receipt of the treasurer of [insert name of
charity] shall be a sufficient discharge to my executor without my
executor having to see to the application of this gift.
If at the time my Will is effective [insert name of charity] has
changed its name, has merged with another charity or has ceased to
exist, I direct my executors, in their absolute discretion, to
apply this gift to that charity whose objects and purposes most
nearly reflect the objects and purposes of I intend to
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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If you are doing a Will, or you are the executor of a deceased estate, consider what taxes and duties could be payable.
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