When Good Gifts Go Bad (and How to Avoid It) - RECORDING

When Good Gifts Go Bad (and How to Avoid it) – Navigating Donor-Restricted Gifts and Testamentary Giving

In this presentation Elena Hoffstein and Katie Ionson, lawyers at Fasken Martineau DuMoulin LLP, discuss how to navigate the complex worlds of donor restricted gifts and testamentary giving. 

Donor-restricted gifts can be a big source of potential liability for charities. Directors of charities who fail to comply with donor restrictions may find themselves on the hook to personally repay losses or refund the gift. In extreme cases, they may even be subject to criminal charges. Elena and Katie explain the steps a charity can to take protect itself and its board members, including crafting an effective gift acceptance policy, and the options available if gift restrictions become impossible or impractical to fulfill.

Testamentary giving can be a great opportunity for donors to leave a lasting legacy while also achieving other objectives. Unfortunately, with the complex rules surrounding testamentary giving, executors and charities are sometimes left with legal headaches instead. Elena and Katie explain the differences among methods of testamentary charitable giving and what charities and donors need to know to ensure that a testamentary gift fulfills the donor’s intentions. Knowing the rules for testamentary charitable giving can also help charities in their discussions with donors.  Receipting for testamentary gifts and changes from the 2014 Federal Budget to the rules for claiming charitable tax credits are also discussed.

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