Solicitors can promote legacy giving

A survey of 200 solicitors in Britain about will-making and charitable giving demonstrates that professional advisers have the potential to support a campaign to encourage the general public to leave a charitable donation in their will.

Although almost 70% of the general public regularly give money to charity during their lifetime, just over 4 % bequest a legacy.

More than 80 charities have come together to back the two-year Remember a Charity campaign in a bid to bridge that gap and help dispel the myths surrounding charitable wills.

Research undertaken across the legal profession in the UK shows solicitors feel that:

• Almost half (47.5%) of all clients are poorly prepared to write their will and are in need of guidance;
• Just 17% of clients spontaneously mention a charity bequest to their solicitor;
• Only 1 in 4 solicitors always mention a charitable bequest when discussing wills with a client;
• The charity consortium is a good idea (90%)

Simply by asking a question about charitable giving when considering a client’s beneficiaries will help to increase charity income. When asked, over half of all solicitors said they would be open to mention the idea of including a charity and 60% would support a campaign to promote charitable wills. Free materials to help do this, including a Will Guide for clients, are now available to professional advisers.

Research also reveals that in Scotland only 15 % of wills contain a charitable bequest, compared to a national average of 22%. However 31% of solicitors in Scotland mention a charitable bequest when clients don’t specify them, compared to 22% in England and Wales.

Twenty four per cent of Scottish solicitors who took part in the survey have themselves left a charitable bequest, but revealingly 10% of Scottish solicitors don’t have a will, though that compares favourably to the 14% in England and Wales.

Theresa Dauncey, Director of Remember A Charity, says: “We will work with partners in the legal and financial sectors to ensure everyone understands how they can leave money to charity and still provide for their families.

“Our research, shows that there are a number of barriers for people including the belief their family need the money. But when asked, 68% would be happy if they learnt that their parents had left some money to charity in their will and more than three quarters (76%) felt their families would support their decision to leave money to charity.

“By informing their clients, solicitors can play a vital role in ensuring that the good work charities carry out can continue in the future.”

The research also shows that there is a lack of awareness about the tax benefits associated with leaving money to charity in a will:

• Over half (54%) of respondents were not aware that charitable donations are exempt from tax;
• Solicitors estimate that only 40% are aware that money left to charities in a will is exempt from inheritance tax

Although 69% of solicitors say they advise about inheritance tax, the research indicates that in relation to charitable donations, this message is not getting through.

Alzheimer Scotland, the Law Society of Scotland’s chosen charity of the year, was one of the first charities to join the campaign. Rachel Guy, Legacy officer, said: “Alzheimer Scotland is dependent on legacies as part of our fundraised income to maintain and develop our work helping people with dementia and their carers and families in Scotland.  Solicitors have a key role in encouraging everyone for whom they make a will to consider leaving a charitable bequest of whatever size and their knowledge and understanding of the work of the charity are vitally important. We were delighted that the Law Society of Scotland chose Alzheimer Scotland to be their charity of the year for 2002-03 and look forward to receiving the proceeds of their various fundraising events.”

Please visit www.rememberacharity.org.uk for a full list of member charities and how to get more information for legal advisers.