Tuesday, August 13, 2019
The Scenario of Arthur Wilson Who Wanted to Leave Some Charitable Case Study
The Scenario of Arthur Wilson Who Wanted to Leave Some Charitable Gifts - Case Study Example It should be noted that donations, under common law, acquire legal status of ââ¬Å"charitable giftsâ⬠after they have been transferred (Volkmer, 2010, p. 39). However, under civil law, charitable gifts are already legally valid even though they may require other formalities such as the contract for charitable giving being done in writing (Domen, 2009, p. 79). Also, it is worth noting that charitable gifts are tax deductible; a situation informed by the view that they result in reducing the income tax of the state. PricewaterhouseCoopers LLP (2002, p. 21) explains that before charitable gifts are executed, the validity of the provisions for such charitable gifts should be established. Advice to the executors will be based on the English Law provisions and common law rulings that relate to charitable gifts. According to Hughes and Klein (2007, p. 14), most charitable givers usually employ the services of executors to execute their charitable cause. Executors are defined as the pe rsons who have a fiduciary duty of property administration and should discharge the duty in accordance with the grantorââ¬â¢s/ testatorââ¬â¢s wishes expressed in his or her will (Englebrecht, and Anderson, 2005, p. 1). Arthurââ¬â¢s executors should be in a better position, legally, to make charitable gifts. As such, it is important that they be conversant with the criterion of determining the validity of Arthurââ¬â¢s provisions regarding charitable gifts. Although Arthur in his will had provided the provisions for charitable gifts, the executors can determine their validity and determine whether to make some changes or execute them as provided by Arthur. Therefore, what advice is appropriate to Arthurââ¬â¢s executors in regard to the validity of each of the following provisions in Arthurââ¬â¢s will on charitable gifts? a) I give? 50,000 to promote the music of the famous composer Benjamin Britten and to fund research into what links, if any, there are between his m usic and the great composers of the past. The provision is valid as it falls under one of the four main divisions that charitable gifts are considered valid- education.
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