Events

Salvos Legal turned legacy giving to charities into art form. They use radio announcements and organise Community Wills Days (where generous local solicitors
prepare simple wills in return for a donation to the Salvos). They have built up a fair amount of expertise and essentially encourage the public to donate via legacy
giving.

In Singapore today, death is still a taboo topic in some quarters. As an aging society with a silver tsunami, we need to speak about this elephant in the room. We need more discourse about prudent asset stewardship, legacy giving and planned and sustained giving long after we have left the earth. From the charity’s point of view, this could represent a creative fundraising modality. Indeed, local charities such as the Kidney Dialysis Foundation and the Singapore Children’s Society have started using donation via legacy giving. Closer to home, recently, to commemorate the life of CLAS founder, visionary and architect, the late Harry Elias SC, the Law Society Pro
Bono Services in collaboration with Harry Elias Partnership have set up the Harry Elias SC CLAS Fellowship Fund. This Fund is a continuing and cherished memorial to Harry that will fund expenses arising from the CLAS Fellowship such as their remuneration and practice-related costs to ensure that young lawyers have a glorious
opportunity to follow in the footsteps of legal legends and trailblazers like Harry E.

For the gift-giver, legacy giving has four distinct, discernible advantages. First, it allows the donor to give their own voice to their unique personality, values and beliefs
for pet causes. Second, it creates a meaningful memorial of legacies that will perpetuate. Third, it positively impacts subsequent generations through a sustained
giving. Fourth, it deepens the connection between the charity and the donor.

Where appropriate, probate, wills and administration specialists, private wealth law experts and general practitioners in client advisories could suggest legacy giving to clients.

There are nuanced issues to consider for the donor and the attending lawyer. The form of the giving, whether it’s memorial giving, legacy giving and so on, and the
attendant risks involved. I shall not gloss over this aspect. Questions that need examining include: (1) how do you communicate to the testator or testatrix (person
making the will)? (2) are the template clauses appropriate to express the donor’s wishes? (3) what about the testator’s/testatrix’s mental capacity; or more precisely,
testamentary capacity? (4) from the donee charity’s point of view, what are the risks in accepting such gifts? These issues are fact-sensitive, complex in some cases and need careful analysis to avoid something going wrong (including misexpression of the testator’s/testator’s wishes).

The old saying goes, where there’s a will, there’s a way. But the new saying I have for you is where there’s a will, there’s a way …. to give a legacy. You can have the nous and the know-how, to find that way for your donors. Legacy giving leaves a legacy for life.

Source:Law Gazette