Seminar: Charitable bequests, donations & challenges to bequests
A complimentary seminar for the Not-for-Profit Sector
A 2016 report published by the Australian Charities and Not-for-profit Commission (ACNC) documented an almost 15% increase in donations and bequests to registered charities, with the value of bequests increasing by almost $1 billion over a three year period.
How can Not-for-profit organisations ensure their bequest programs are effective and compliant and what can they do if a bequest is challenged?
Join our experts Brian Paris, Wills and Estates, and Sarah Annicchiarico, Estate Disputes, as they discuss the legal issues and obligations that can arise for Not-for-profit organisations.
Sarah will specifically discuss what steps a Not-for-profit organisation can take if a challenge is made to a will and how they can protect the bequest made to it, which does not always mean engaging in Court proceedings. She will also provide a summary of legal cases involving charities and provide practical information on the options available if your organisation does face a legal challenge.
The session will be chaired by Stephen Dickinson, Consultant, Estate Disputes, who has over a decade of experience in estate litigation, including assisting charities successfully manage challenges to wills.
Part A- Your Bequest Program, Brian Paris, Wills and Estates
- Bequests, donations, gifts - what are the issues? Non-monetary gifts such as real property/shares/personal effects and chattels
- Setting up a program – legal structure of organisation, change of name/restructure, tax considerations, bequest clauses and documentation
- Complying with the conditions of the bequest - legal obligations
Part B- Legal Challenges to Bequests left to Charities, Sarah Annicchiarico
- What types of challenges can be made to a will which can impact upon a bequest, including: lack of testamentary capacity, undue influence, fraud and inheritance or “Family Provision” claims
- Case studies and the current legal position
- What you can do to minimise the impact of a challenge made to a will
- Options when faced with a challenge
The session will conclude with an open Q&A of the panel members.
Wallmans are located at Level 5, 400 King William Street, Adelaide (Corner of Gilles Street). Please note that 2 hour paid street parking is available on Gilles, Gilbert and King William Streets (dependent on availability). Additionally there is a paid undercover car park adjacent to the building, with entry from Gilles Street (subject to availability)