Write a 6 page essay on Charitable Gifts.Download file to see previous pages... It should be noted that donations, under common law, acquire legal status of “charitable gifts” after they have been

Write a 6 page essay on Charitable Gifts.

It should be noted that donations, under common law, acquire legal status of “charitable gifts” 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 to 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. This paper will focus on the scenario of Arthur Wilson who wanted to leave some charitable gifts after being satisfied that he had provided for his family sufficiently. The paper will advise Arthur’s executors as to the validity of his provisions regarding charitable gifts he had intended to leave. 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 persons who have fiduciary duty of property administration and should discharge the duty in accordance with the grantor’s/ testator’s wishes expressed in his or her will (Englebrecht, and Anderson, 2005, p. 1). Arthur’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 the Arthur’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 Arthur’s executors in regard to the validity of each of the following provisions in Arthur’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 music 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. It should be noted that, under the English Law, the notion of charitable gifts being geared towards charity purposes found its basis in the Charitable Uses Act 1601 preamble (Hopkins, 2006, p. 38). Charitable purpose found its standard categorisation in the ruling by Lord Macnaghten in decision on IRC v Pemsel.1 Lord Macnaghten noted that in the legal sense, charity comprised of four main divisions namely: charity purporting to benefit the community. charity that seeks to advance education. charity that aims at reduce poverty. and charity that intends to advance religion. According to the Charitable Uses Act 1601 preamble, education is considered as one of valid charitable gifts thus making this provision valid as it intends not only to promote the music of the famous Benjamin Britten but also to fund research relating to his music and the great composers of the past.