Every Player Wins a Prize? Family Provision Applications and Bequests to Charity
From PhilanthropyWiki
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This research report deals with the interaction of family provision law and charitable bequests in wills, including qualitative research relating to practical issues which may arise with legal practitioners and with charities' bequest officers. It comes in the context of an increase in challenges to charitable bequests by testators' family members over recent years in Australia.
Specific aims of the research are:
- To examine the operation of family provision law, and the interaction between family provision law and the freedom of a testator to leave a bequest to charity in a will;
- To investigate family provision practice through interviews with practitioners and representatives of charities; and
- To suggest to charities how best to deal with family provision applications which might otherwise deprive them of bequests in wills.
The report concludes that the increase in family provision applications stems from a number of causes, including: changes in the concept of 'family'; changes in expectations and values; changes in the legal environment; and changes in levels of wealth. It includes some suggestions for charities that wish to put themselves in the best position with a donor before the donor dies, or in the best position when a family provision claim is notified.
The download page on the CPNS website also includes other relevant research papers and resources including a list of CPNS fact sheets and Current Information Sheets on bequests.