Submitted by Forum_Admin on 9 May, 2006 - 15:09.
We have a kind donor, who doesn't think they'll be around for much longer, they own a small guesthouse business, the humble profits from which currently go to our cause, possibly though more than one charity. The owner would like to do the best thing for the cause and thinks that this would be to set up a trust so that the business can continue to be run in their absence. However they do seem open to the idea of not setting up the trust and just including the property in the will as a legacy. They have come to us for advice
Does anyone have any advice with regards to:
a) setting up a trust
b) the pros and cons of both options
c) how best to advise the donor
Thanks for any help,
Reuben
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RE: Trust Vs legacy
Yes, you probably need to be careful to avoid appearing to try to influence unduly the supporters in what is a financial/estate planning decision for them. However, I think it's perfectly legitimate to indicate to them that from your charity's point of view, the bequest option is the sounder of the two.
You might also indicate that the charity's trustees are obliged under law to maximise income for a charity. Hence all those problems over the years with charities investing in ethically dubious but financially successful companies. Maybe a letter from a trustee supporting your case might help?
RE: Trust Vs legacy
Thank, that makes sense. Given that they approached us for advice on setting up the trust to continue the business they've invested years into, do you have any advice on how to explain that if their priority is the cause they should just leave it in their will? I imagine there will be potential trustees with vested interest to keep the business running who could accuse us of being money grabbers, if we persuade them to leave it in the will.
Reuben
RE: Trust Vs legacy
Based on my eight years experience as a legacy fundraiser, which ended nearly 10 years ago mind, I'd say your better option would be to receive the property in their will.
Letting the business continue to run could lose you the whole thing if the business folds - which is a risk if the two key personalities in the guesthouse will no longer be part of the business.
Also the property is almost certainly going to be worth many times more than the annual profits of a small guesthouse business. It could take many years for your charity to receive the equivalent value if the supporters chose the trust route.
For simplicity's sake and to secure the value of the gift for the charity at the earliest time, I'd choose the bequest.