The ultimate legacy dilemma

15 Apr 2010 Voices

The dilemma facing GirlGuiding Scotland is fascinating. We are all used to watching charities struggle with whether or not to accept donations from certain companies whose motivations may not be entirely honourable, but it is rare to see this kind of debate over legacy pledges.

The dilemma facing GirlGuiding Scotland is fascinating.

We are all used to watching charities struggle with whether or not to accept donations from certain companies whose motivations may not be entirely honourable, but it is rare to see this kind of debate over legacy pledges.

GirlGuiding Scotland are .

Leaving his own daughter out of his will the now deceased Reginald Forester-Smith has split his estate between two cancer charities and GirlGuiding – a charity that aims to ‘enable girls and young women to fulfil their potential and to take an active and responsible role in society’.

The dilemma is clear. Like all charities GirlGuiding have a responsibility to maximise their income and after all, the legator could been motivated by remorse to leave a gift to help other young girls have a more positive life.

However, maybe he just wants to ensure that more young girls have the chance to wear navy uniforms as well as Primark bikinis… The fact that a more sinister motive underlies the gift seems possible given that the donation was originally directed to a specific branch of Girl Guides rather than the charity in general.

The potential for negative publicity that could be hugely damaging is clear.

However, despite the legator being dead and it therefore being impossible to assess his motivations – there could be a way forward.

If GirlGuiding were to meet with the daughter of Mr Forester-Smith and understand her views it may lead to a positive solution. Although we all value the fact that legacy income is unrestricted, perhaps in this situation the charity could consider setting up a specific fund to undertake projects agreed with the legator’s family.

In this way they can fulfil their obligation to maximise their income, put to good use a significant sum of money that would otherwise return to the state, and also draw the family of the deceased into a positive process of enabling change for other young women and girls.

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