[WSBAPT] charitable bequest question

[John Creahan]

Hi Sara,
In general a charity can enforce a donor's contractual obligation to make a donation but most charities don't. This sometimes comes up when a donor receives a benefit - such as getting something named after the donor - for a future gift.
In your case, I'm not sure that the fact that the charity "anticipates" receiving a donation obligates the donor to make a gift - particularly if the charity only intends to take action when it receives the donation.
I think it would be perfectly appropriate to include a sentence to the effect that the donor is under no obligation to make a gift depending on circumstances that arise between now and the donor's death.
Hope this helps,
John

John Creahan
www.cairn-law.com<http://www.cairn-law.com/>
206-578-5877
Fremont office:
3417 Evanston Ave. N, Suite 312
Seattle, WA 98103


From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Sara D. Longley
Sent: Monday, July 22, 2019 4:13 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] charitable bequest question

Re-submitting this question in hopes of getting some feedback.  Thanks in advance!

Hello listmates,

I have a question about making and then revoking charitable bequests, in the context of an institutional recipient who is aware of the bequest and takes action based on the expectation.

My client is considering signing an agreement with a charitable entity that commits the entity to establish a named fund and an eventual scholarship if and when it receives a certain level of donations to the fund.  The agreement includes language that states the entity anticipates receiving a "minimum" amount as a bequest from my client.  My question is, what happens if, say, 10 years from now my client changes his will and deletes or greatly reduces that bequest?  Will the entity be able to sue his estate on the basis of the signed agreement?

Thanks in advance for sharing your experiences.

Sara Longley

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Sara D. Longley, J.D., LL.M.

LONGLEY LAW PLLC
1734 NW Market Street
Seattle, WA 98107
(206) 434-5644<tel:%28206%29%20434-5644>
Sara at Longley-law.pro<mailto:Sara at longley-law.pro>
www.longley-law.pro<http://www.longley-law.pro/>

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