• March 29, 2024
 40% of legal professionals reluctant to discuss charitable giving with clients

40% of legal professionals reluctant to discuss charitable giving with clients

The Law society held a roundtable discussion on legacy giving which found 40% of solicitors did not feel able to raise the issue of charitable giving with their clients, according to 2016 research by Remember a Charity (RAC).

Legacy income is the biggest single source of voluntary income to the charities sector, currently worth more than £2.8 billion a year, according to The Law Society.

The two questions that were tackled by Private client Section/RAC roundtable held at The Law Society on legacy giving were:

  • Why does a lingering resistance remain in some quarters of the profession to discuss charitable giving when making a Will?
  • Can it ever become a standard part of the conversation when making a Will?

Various explanations were offered as to why solicitors were reluctant to raise the issue of charitable giving. Those mentioned were:

  • A lack of fluency in charitable and philanthropic issues
  • A risk of alienating or offending the client
  • The potential complexities of dealing with multiple charitable beneficiaries further down the line.

Furthermore, recent Populas findings have revealed over 4 in 10 members of the public donate less as a result of lack of trust in charities which could further add to the issue of legacy giving in the future.

Chair of the Law Society’s Wills and Equity Committee, Ian Bond, made a point by saying “in an era where the public conflates the value of a will with the cost of making one, those law firms running will-writing as a loss leader will often bypass the conversation on legacy giving for the sake of expediency. Both charities and solicitors have a role to play in educating the public on the purpose and value of a will.

Chris Millward, ILM Chief Executive remarked saying “It is the most important document that you write, and yet many expect to get it for nothing.”

National Will-making schemes, which are often led by much larger charities, were discussed at the roundtable. Ian Bond commented: “If these schemes typically charge £90 a will, that’s pulling people in the wrong direction. Quoting these kinds of prices devalues what a solicitor does.”

Partner at Bates Wells Braithwaite, Leticia Jennings agreed with Bond and remarked: “They do the consumer a disservice. If the public are being encouraged to race to the bottom on price, they are not doing themselves any favours.”

Other legal professionals advised that their firms opted to partner with local charities and work with local hospices and gave their time for free. The group consensus on the will-writing market revealed that it is the value that solicitors bring to the conversation by offering the full benefit of expert advice that sets them apart.

Alex McDowell, chair of RAC further commented by saying, “If we want charitable giving in wills to become the norm, being prompted at the points where it perhaps isn’t as relevant becomes something you accept. It is about the constant prompting during your ‘journey’ that will become more relevant during different life stages”

Tax and financial incentives were also deliberated at the roundtable. The RAC discussed the fact that in 2017 they led a campaign to make charitable wills exempt from VAT and for the Government to reexamine their proposals to increase probate fees (this was dropped by the Government before the June general election).

McDowell commented on this point by saying, “The point here is that if there is an actual saving to the client due to charitable giving, there is far more likelihood the solicitor would bring it up because it’s beneficial to the client. Giving to charity becomes something your client needs to know about.”

It is nonetheless clear there is no easy answer or solution to this problem and it will require involvement from a variety of stakeholders to address the issue along with solicitors, charities and professional bodies working together as one voice.

As a legal professional, how do you feel about raising the issue of charitable giving with your clients? 

Toni Ryder-McMullin

Toni is the Media Officer for Today’s Conveyancer, Today’s Wills & Probate and Today's Family Lawyer. I worked for a law firm for 16 years, during my time at the firm I worked as a company commercial legal secretary for 7 years but changed careers and moved into marketing for the remaining 9 years – where I covered all aspects of marketing. While in the marketing role, I achieved a CIM Professional Certificate in Marketing and CAM Diploma in Digital Marketing.

1 Comment

  • If Charity Officers were less objectionable in their conduct towards solicitors administering estates it is more likely that solicitors would steer clients back towards residuary gifts as opposed to legacies (which require the least contact with charity officers).

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