107 legal corner
By Marinella Hollies, Partner at Wollen Michelmore Dartmouth Office
Leaving a legacy in your will N
ew research by the Law Society has provided valuable insights into how we, as solicitors, can help our clients use their wills to support
charities. Commissioned by Remember A Charity and
conducted by the Behavioural Insights Team (‘Nudge Unit’) and the University of Bristol, the research has examined the way that solicitors raise the issue of clients leaving money to charity in their wills. It highlights the impact of different approaches and how these produce different results in charitable giving. ‘Writing a will is an important step in ensuring
that the people, and causes, we have cared about will be properly looked after when we pass away., said Law Society president Robert Bourns. I believe that we have a vital role
to play in this process, using our legal knowledge and experience to give our clients the reassurance that their wishes will be properly carried out. This research makes an important contribution in helping us think about how we give our clients the best possible support and service in the will- writing process.’ The research was conducted using
leave to charities that their family had previously supported or benefitted from.
Many people
don’t realise that legacy giving is an option for them and that
they can provide for family and friends and
random control trials in eight firms of solicitors around the United Kingdom. It tested a range of ways of raising the subject of charitable giving and shows the different results that each produces. Significant findings from the report include that: • solicitors felt able to raise the issue of leaving money to charity in discussions with their clients comfortably and appropriately • Clients who were told that many people bequest money to charity in their wills were 40 per cent more likely to do so themselves when writing their first will, and • Clients with families may be more inclined to leave a legacy when asked if they wanted to
still have the opportunity of including a charity if they wish to do so.
Rob Cope, director of Remember A Charity, said: ‘Legacy giving has become increasingly important to UK charities in recent years, generating around £2.5 billion for good causes annually and its impact on charitable services is immense. But, despite being a highly philanthropic nation, a relatively small proportion of people leave a charitable bequest in their will. Many people don’t realise that legacy giving is an option for them and that they can provide for family and friends and still have the opportunity of including a charity if they wish to do so. Our role is crucial in making our clients aware of all the opportunities they might want to consider when writing a will. The research also surveyed the public on their views about solicitors raising the issue of leaving to charity when helping a client write their will. This survey showed 69 per cent of people indicated that they would be happy for their solicitor to raise the issue, and 46 per cent thought a solicitor had ‘a duty’ to raise the option of such a legacy giving when discussing a will. There is a big gap between the 35
per cent of people who say they want to leave a charitable legacy in their will and the around six per cent of people
actually do but by improving our understanding of how we raise this important question, we will be better equipped to assist our clients in drafting a will that properly reflects their wishes. We will always be happy to discuss charitable giving when advising you in relation to your Will especially as in certain circumstances, gifting to charity can have considerable Inheritance Tax benefits.
Marinella can be contacted on 01803 832191 or email Marinella.Hollies@wollenmichelmore.
co.uk . More information is available at www.
wollenmichelmore.co.uk
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