A Promise is a Promise:  Understanding Pledged Gifts

A donor’s promise to make a charitable gift in the future is not a legally binding commitment.  Yet charities often rely on such pledges as though they were binding.  This session will examine the differences between pledges and gifts (with particular focus on their (un)enforceability) and how to document pledged gifts.  We will discuss how and why charities might seek to enforce pledged gifts and the likelihood of success.  Finally, we will take a closer look at other issues that might arise with pledged gifts, including donor advised funds and outstanding pledges on the death of a donor.

For information on the availability of bursaries to cover the cost of attendance, please email Nicole Jeschelnik (nicole.jeschelnik@vancouverfoundation.ca).

Speakers:

Kate Bake-Paterson practices exclusively in the area of charities and not-for-profit law and has developed specialized knowledge of the legal, regulatory and operational issues faced by charities and not-for-profit organizations.

In her work, Kate regularly advises charities and not-for-profit organizations on a broad range of issues, including those relating to:

• incorporating and organizing not-for-profit entities;
• governance and other corporate structural issues;
• relationships with other organizations, including both qualified and non-qualified donees;
• obtaining charitable registration and other regulatory compliance issues;
• charitable giving and the documentation, receipting and implementation of charitable gifts; and
• the conduct of revenue-generating activities.

Kate also assists donors with planning, documenting and implementing charitable gifts, including establishing donor-advised funds and private foundations.

Kate speaks frequently on various topics associated with charities and not-for-profit organizations, presenting to professional advisors and other members of the charitable sector.

Roger Lee is a member of the DLA Piper’s litigation department, with a broad estate litigation practice. Roger assists individuals and charities with respect to their rights under the wills variation provisions of the Wills, Estates and Succession Act, estate administration issues, as well as issues relating to the validity of wills and other testamentary instruments. He also advises corporate and individual trustees, as well as personal representatives, of their legal obligations and duties, and also acts for beneficiaries who question the actions of the executor or the trustees of their particular trusts.

Roger has appeared as counsel before all levels of provincial courts, including the provincial family, small claims and criminal courts, the British Columbia Supreme Court, the British Columbia Court of Appeal, and the Queen’s Bench of Saskatchewan. He has also appeared as counsel before commercial arbitrators and mediators and administrative tribunals.

Roger is a frequent speaker on topics associated with estate litigation. He has given numerous lectures on the area to other legal practitioners as well as to other groups, such as the Estate Planning Council of Vancouver, the B.C. Continuing Legal Education Society and the Canadian Association of Gift Planners. He was a committee member for the B.C. Law Institute’s projects on the law relating to mental capacity and on the reform of the Supreme Court Rules related to probate matters.

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