Issues for a Will maker to consider.

  1. 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:
    1. the charity is incorrectly named;
    2. the charity is too narrowly directed in how the gift can be used;
    3. the charity has ceased to exist at the time the Will comes into effect.
  1. A Will maker should ensure the following:
    1. The charity name is correct in the Will, and includes its Australian Business Number (ABN) if it has an ABN;
    2. The charity is authorised to use the gift for its "general purposes" in case it has ceased to work in a particular area;
    3. 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;
    4. 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.
  1. Suggested Wording

"I give to [insert name of charity] the sum of $[ ]; or/ I give to [insert name of charity] ....% of the rest and residue of my estate

to be applied by [insert name of charity] for the general purposes of [insert name of charity] as determined by [insert name of charity].

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 benefit."

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.