Making a generous gift under your Will – how to ensure your charitable donation or legacy gift is implemented how you wish

By Robert Lamb, Director at Hillhouse Legal Partners
| 4 min. read
health & medical Wills, Estates & Trusts

Key takeaways

  • You can provide charitable donations through your Will to continue to support the community after your passing.
  • The correct legal name of the charity, estate composition, wording of the clause and taxation implications must be carefully considered and advised by a lawyer.
  • Hillhouse Legal Partners can assist in ensuring that unnecessary expenses are not incurred, and your loved ones are also protected.

Many people quite often go above and beyond their role to provide much needed support and help to the community at large – whether performing volunteering work, or donating to charities. 

However, giving back to the community does not end upon your passing. You can provide charitable donations through your Will to continue to support your community after your passing.

Making a generous gift under your Will must be done properly, and careful thought and advice needs to be given to the following: 

  • Other people you may want to provide for out of your Estate (for example, consider loved ones or potential claims against your Estate);
  • Ensuring that the correct legal name of the charity is used and whether is it a State or Australian organisation.  An incorrect name may distort your intention under the Will or it may even go to a different charity;
  • Should the gift to charity be a pecuniary gift (a sum of money) or a percentage of your residuary estate? This involves a consideration of how your Estate composition may change over time;
  • What else there is in your Estate, and whether there enough for all those you wish to give to? You might think some assets will form part of your Estate, but they may not;
  • Ensuring that the gift is used for charitable purposes and not administration purposes;
  • The wording of the clause and how the gift is provided to best ensure that there are no or minimum taxation implications;
  • Maintaining the corpus for a longer lasting legacy and difference, particularly relevant for larger gifts; and
  • Whether you wish to include any restrictions or conditions on the gift to the charity.

Hillhouse Legal Partners can assist you in making a Will that gives back to your community or any other worthwhile organisations that you deem should be supported by your Estate. We can also ensure that unnecessary expenses are not incurred, and your loved ones are also protected.

If you, or someone you know, is looking to adjust a Will and need help or advice regarding an Estate, please contact Hillhouse Legal Partners to discuss your specific circumstances on 07 3220 1144 or email@hillhouse.com.au.

The information in this blog is intended only to provide a general overview and has not been prepared with a view to any particular situation or set of circumstances. It is not intended to be comprehensive nor does it constitute legal advice. While we attempt to ensure the information is current and accurate we do not guarantee its currency and accuracy. You should seek legal or other professional advice before acting or relying on any of the information in this blog as it may not be appropriate for your individual circumstances.