Bequest Program

Making a gift to JusticeNet SA in your Will is a meaningful way to assist in facilitating access to justice for low-income and disadvantaged South Australians. It provides a way to make a significant gift that you may not find possible during your lifetime

What is a Bequest?

A bequest is a gift made under a Will.  There are three main types of bequests:

• a specific bequest – where a donor bequeaths a specified sum or a specific asset (such as shares or real or personal property);
• a residuary bequest – where a donor bequeaths (gives) all or a portion of the donor’s residuary estate (i.e. what remains after all other gifts, debts, other liabilities and costs have been paid or satisfied); and
• a charitable trust or endowment – where the terms of the donor’s Will provide for the establishment of an ongoing trust for the benefit of a particular charity or other organisation. 

Each of the above types of bequests can be given either for the general purposes of the charity or other organisations or for a specified purpose set out in the Will.  Bequests for specified purposes must be carefully expressed to ensure that the donor’s wishes can be implemented. 

How does JusticeNet use bequests?

It depends on the directions you leave in your Will (i.e. the terms of your bequest).

Bequests for general purposes

If your Will provides that JusticeNet may use the bequest for its general purposes or no purpose is specified, then JusticeNet will decide which activities or projects are to be funded by the bequest, usually being those JusticeNet considers to have the greatest priority at the time of the donor’s death.

This type of bequest is the most flexible, as it gives JusticeNet the ability to decide which activities and projects are funded by your bequest in response to changing needs and priorities.  For this category of bequest, the following draft Will clauses are suggested as a guide:

I give [insert percentage %] of the residue of my estate to JusticeNet SA (ABN 31 135 823 513) (JusticeNet), for its general purposes.  The receipt of [the chief executive officer, a director or the secretary of JusticeNet] for the time being is a full and complete discharge to my Executors in respect of the gift to JusticeNet under this clause.

I give [insert $ amount] to JusticeNet SA (ABN 31 135 823 513) (JusticeNet), for its general purposes.  The receipt of [the chief executive officer, a director or the secretary of JusticeNet] for the time being is a full and complete discharge to my Executors in respect of the gift to JusticeNet under this clause.

Bequests for a specific purpose

Alternatively, you can choose to specify in your Will projects or activities you wish your bequest to support.  If your Will provides that the bequest is to be used for a specified purpose (e.g. to fund law reform activities or support for a certain client group), then JusticeNet will give effect to your wishes. 

For this type of bequest, the following Will clauses are suggested as a guide:

I give [insert percentage %] of the residue of my estate to JusticeNet SA (ABN 31 135 823 513) (JusticeNet), for the purpose of [insert purpose].  The receipt of [the chief executive officer, a director or the secretary of JusticeNet] for the time being is a full and complete to my Executors in respect of the gift to JusticeNet under this clause.

I give [insert $ amount] to JusticeNet SA (ABN 31 135 823 513) (JusticeNet), for the purpose of [insert purpose].  The receipt of [the chief executive officer, a director or the secretary of JusticeNet] for the time being is a full and complete discharge to my Executors in respect of the gift to JusticeNet under this clause.

Over time, the priorities of JusticeNet may change.  If you choose to make a bequest to JusticeNet for a specified purpose, then we request that the following additional provision be included in your Will to address the possibility that the stated purpose cannot be performed at some future time:

If at any time JusticeNet determines that it is impossible or impracticable to carry out the specified purpose, then JusticeNet may use or apply the gift to JusticeNet under this clause for such other purpose or purposes as JusticeNet determines most closely accords with the specified purpose.

We encourage you to contact the JusticeNet Executive Director to discuss your particular interests, the activity you wish to support and how you can achieve your wishes.

Charitable trust or endowment

A bequest establishes a charitable trust or endowment (which simply means an ongoing trust) when the donor specifies that, either in perpetuity or for a specified period of time: the gift is to be invested; and all or part of the income arising from the gift is to be applied for JusticeNet’s general purposes or for a specified purpose, or a combination of both.  If you are considering establishing a charitable trust or endowment under your Will for the benefit of JusticeNet, we encourage you to speak with the JusticeNet Executive Director to ensure that your wishes can be met and to seek the advice of a solicitor experienced in Wills and estate planning in relation to how the trust or endowment should be expressed.

Should I talk to a solicitor?

Yes.  It is important that you talk to a solicitor about your estate plan and Will and, in particular, your intentions to provide for JusticeNet in your Will.  They have the expertise to ensure that all your wishes are represented correctly including providing for your family or loved ones as a priority.

If you are interested in finding out more about contributing to the JusticeNet please contact us for a confidential discussion.

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