Philanthropy/Charitable Giving

Total 170 Posts

A Reminder of the Importance of a Cy-Près Clause

As an estate planning professional, philanthropy is a great tool in your toolkit. However, if your client intends to incorporate philanthropy into their estate plan, the importance of including a cy‑près clause in their Will cannot be understated. If there is no cy‑près clause in the Will and the charity has ceased to exist, an application to the Court must be made for direction as to whether the gift has….

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Charitable Giving, Courts, Estate Administration, Estate Planning, Philanthropy/Charitable Giving

Donor Recognition in the Commons

Here’s a charity trade secret.  One of the best products in a fundraiser’s toolkit is “donor recognition”, in particular naming a piece of real estate.  Recognition is effective in inspiring donors, and for some, but not all, an important part of charitable giving.  However, donor recognition sometimes produces a backlash from the public. Yes, donor recognition is gracious and pragmatic, but public space is branded by private citizens and money…..

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Philanthropy/Charitable Giving, Uncategorized

Canadian Charity Law’s Turning Point

[caption id="attachment_21029" align="aligncenter" width="322"] Aura Vaucrosson, Canadian Charity Law Pioneer, with Malcolm Burrows[/caption] In the 1970s, Canadian charity law dramatically evolved and became imbedded in the Income Tax Act.  While this is ancient history, I have personal connections with the drafting Working Group at the Department of Finance that I rediscovered. To my delight, after 45 years, I reconnected with one of the drafters in Ottawa this summer.  Aura (Elliott)….

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Philanthropy/Charitable Giving

Charities have Fiduciary Duties as Estate Beneficiaries

I recently spoke to an estate lawyer who told me she would never recommend certain charities to clients. Why?  Because of the way these charities treated estate trustees. Some charities are unduly litigious, grind on fees, and are obstreperous about releases. It’s not the first time I’ve heard this comment from estate professionals – and some traumatized lay executors and family members. Sympathy for Charities It’s hard to evaluate the….

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

The Foundation Perpetuity Myth

The philanthropic community has a perpetuity obsession.  Critics of perpetuity believe that preserving capital, restricting payout, and existing forever is the pernicious norm.  Admittedly, for some foundations, perpetuity a sacred ideal, an aspiration that is sometimes unquestioned.  Foundations that “spend-down” are valorized as rare entities that value community impact over capital.  But the reality is more complex.  There is a long history of foundations that aren’t perpetual, and in Canada….

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Philanthropy/Charitable Giving, Uncategorized

Child Sponsorship Fundraising

[caption id="attachment_20882" align="aligncenter" width="418"] Courtesy of Save the Children, Australia[/caption] Child sponsorship is one of the greatest mass-market fundraising innovations of all time and a multi-billion dollar a year industry. Used primarily by international development organizations, sponsorship emotionally ties donors to individual children, providing insights, human connection, and funder loyalty.  It’s a fascinating model that has evolved over time, and it’s not without controversy.  How did it emerge? Why is….

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Estate Donations, Philanthropy/Charitable Giving
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