Gifts in WillsTalking Law Legal Issues for Gifts in Wills Fundraisers

Lachlan McKenzieWills & Estates Practice Leader, Moores

Bethan HazellGifts in Wills & Estates Manager, Peter MacCallum Cancer Foundation

Martin WilliamsBequest Planning & Retention Manager, Australian Red Cross

Ross AndersonGifts in Wills Manager, RSPCA Victoria

Talking LawLegal Issues for Gifts in Wills Fundraisers

• Introductions - who is who and who does what

• Gifts in Wills estate administration - the ideal scenario

• Seeking legal advice - some practical insights

• Collaboration and consensus - everybody should be doing it

• Let’s talk about mediation - there’s plenty to talk about

• Common legal issues - that’ll be releases, commissions and beneficiaries’ rights

• Being proactive - there’s plenty we could be doing

• Questions from the audience

Talking LawLegal Issues for Gifts in Wills Fundraisers

Handout presentation from Moores will be available for download alongside the presentations from the conference

Talking LawLegal Issues for Gifts in Wills Fundraisers

Gifts in Wills estate administration - the ideal scenario

• What should happen in the perfect world

• When things are far-from-perfect

Talking LawLegal Issues for Gifts in Wills Fundraisers

Seeking legal advice - some practical insights

• What to watch out for - Red Flags

• Getting some initial advice and guidance

• How to engage (the right) lawyers

• Estimating costs

• What different charities do - in-house counsel, phone-a-friend, joint representation

Talking LawLegal Issues for Gifts in Wills Fundraisers

Collaboration and consensus - everybody should be doing it

• Why collaborate?

• When is it trickier to collaborate?

• Sharing legal advice - who to listen to and when to get a second opinion

Talking LawLegal Issues for Gifts in Wills Fundraisers

Let’s talk about mediation - there’s plenty to talk about

• What’s it all about?

• Things to think about beforehand

• Having a happy and productive time

• Signing-off at the end of the day

Talking LawLegal Issues for Gifts in Wills Fundraisers

Common legal issues - that’ll be releases, commissions and beneficiaries’ rights

• Deeds of releases and indemnities - what do we do?

• Executors’ commission and how to navigate it successfully

• Our rights as beneficiaries – what can we do when it’s not going well?

Talking LawLegal Issues for Gifts in Wills Fundraisers

Being proactive - there’s plenty we could be doing

• It’s not challenging, it’s defending our supporters’ final wishes

• Respectful, timely, cooperative and professional - it’s a two-way street

• What else is causing issues?

Talking LawLegal Issues for Gifts in Wills Fundraisers

Questions from the audience

• Please make it brief, so we can cover more ground

• Focus on principles and broad questions

• Lachlan can’t give full advice on very specific issues whilst on stage

• What works best for you? Please offer advice and insights to others

• Is there something new causing you issues?

Talking LawLegal Issues for Gifts in Wills Fundraisers

REMINDER:

Handout presentation from Moores will be available for download alongside the presentations from the conference

Talking LawLegal Issues for Gifts in Wills Fundraisers

Something to take away with plenty of advice and guidance

• Thanks to Lachlan McKenzie and Moores for putting this information together

• Contact Lachlan with any detailed questions

• lmckenzie@moores.com.au

• (03) 9843 0470

• www.moores.com.au

• Also remember to reach out to others and use Include a Charity network