Malcolm Burrows

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Malcolm is a philanthropic advisor with over 30 years of experience. He is head, philanthropic advisory services at Scotia Wealth Management and founder of Aqueduct Foundation. Views are his own. malcolm.burrows@scotiawealth.com

Endowment Variations

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COVID-19 has hit the charitable sector hard, and arts organizations face particular challenges. A recent article in The Globe and Mail about the Banff Centre described closed facilities, lost fundraising, cancelled programs, layoffs, deficits, resignations, and protests. The article also mentioned a request to endowment donors for “permission” to use annual payout of “their” funds for operations, not the designated purpose. One donor, Myra Davis, refused. The money was for….

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Philanthropy/Charitable Giving, Powers Of Attorney and Guardianship Disputes, Uncategorized

Residual Interest Gifts of Homes

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Can you donate the residual interest of a principal residence to charity?  Absolutely!  The question, however, is not can it be done, but should it be done.  In most cases, the answer is no – especially for the charity. Structuring Options Let me address the structuring options first.  It is possible to donate a home to charity with an intervening life (or term) interest.  This means one or more persons….

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Estate Planning, Philanthropy/Charitable Giving, Trusts, Uncategorized

Valuing In-kind Donations

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There is a saying among charitable gift planners: “beware of in-kind property donors who show up with valuations in hand.”  In other words, eager donors and their gifts may be too good to be true.  This is folk wisdom that points to a serious issue.  Donors, executors and charities often struggle with in-kind donation valuation.  Who commissions and pays for in-kind donation appraisals, the donor or charity? Standard Practice The….

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Estate Donations, Estate Planning, Philanthropy/Charitable Giving, Uncategorized

Loosening Standards for Charitable Property

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A crisis may change long-held views.  In reaction to the devastating economic effect of COVID-19 a couple of regulators have loosened their rules related to two different types of charitable property.  Will these changes be temporary or will they lead to long-term change?  And what effect does it have on estate donations? Ontario The first announcement was from Ontario. In late March, the Public Guardian and Trustee (PGT) released temporary….

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Charitable Giving, Estate Donations, Philanthropy/Charitable Giving, Uncategorized

Outdated Donation Clause

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Legal precedents are invaluable – except, that is, when they are wrong or out of date.  Recently a Scotiatrust colleague contacted me about a clause in a client’s will that was intended to create an endowment fund at a registered charity.  The clause imposed a 10-year capital hold on the donation.  He asked, “is this clause still necessary?” The short answer is “no”.  The longer answer is “this clause was….

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Uncategorized

The Charity Capacity Gap

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Canada’s 85,896 registered charities have wide-ranging capacity, but these variations are often underappreciated.  Estate donors – and their professional advisors – often focus on cause and tax status, but ignore organizational health indicators like history, funding, staffing, and governance.  What should estate donors look for in a charity? Although all registered charities can issue donation tax receipts, not all charities can handle significant estate donations or receive more complex assets. ….

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Estate Donations, Estate Planning, Philanthropy/Charitable Giving, Uncategorized
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