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Bequest Marketing Campaigns · Lesson 6

Make the Campaign Legally Safe

This lesson builds the legally safe campaign asset set: the information pack, web page and response materials that give supporters useful details without drifting into estate, tax, family or legal advice.

11 minutes 6 of 10
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The risk often starts higher up the page.

It starts when the campaign uses the charity’s trading name instead of its full legal name. It starts when the response form asks for estimated estate value. It starts when the copy says a gift in a will is “tax-effective” without explaining that Australia has no inheritance tax, estate tax or death duties. It starts when staff send suggested wording as though it is personally suitable for the donor.

A legally safe campaign does not become timid. It becomes precise.

The organisation can provide its correct legal identity, ABN, DGR status, general information about common gift types, why unrestricted gifts help, and a clear recommendation to seek qualified legal advice.

It must not advise the donor how to structure an estate, how much to leave, whom to include or exclude, whether a specific clause is legally valid, whether family provision risk applies to them, or what their personal tax outcome will be.

This matters because gifts in wills sit inside a legal and family environment. In Australia, eligible people can make family provision claims under state and territory succession legislation. Intestacy rules are state-based and do not include charities. DGR status affects some tax treatment, but DGR endorsement is not universal. The Facts Pack notes that fewer than half of registered Australian charities hold DGR endorsement.

The campaign should make the donor’s next step easier.

It should not make the charity look like the donor’s adviser.

The Legally Safe Campaign Asset Set

Build these six assets before launch. Each one should be approved internally before the campaign goes live.

01Legal identity panelCorrect entity⌄
What it is
A fixed block of organisational details that appears on the campaign web page, information sheet, downloadable guide and solicitor-facing materials.
Why it matters
Wills need the correct organisation. Charity name changes, mergers, trading names and missing ABNs can cause confusion or failed gifts. A supporter may love the public brand, but the solicitor needs the legal entity.
What it should include
– Full legal name – ABN – Trading name, if different – DGR status – Registered charity status, if relevant – Postal address or contact point for solicitor enquiries – Bequest contact role, not a personal legal adviser
Safe wording
“Our legal details for your solicitor or adviser are: Full legal name: [insert full legal name] Trading name: [insert trading name, if different] ABN: [insert ABN] Deductible Gift Recipient status: [insert DGR status accurately] Contact for general charity information: [insert role/email/phone] Please ask your solicitor or qualified adviser to prepare wording that suits your circumstances.”
Why the unsafe version fails
It implies the charity’s wording is legally suitable for the donor. The organisation may provide its details. It should not present itself as the drafter of the donor’s will.
02General gift-type explainerCommon options⌄
What it is
A plain-English description of common ways donors may choose to leave a gift.
Why it matters
Supporters often need vocabulary before they can speak confidently with a solicitor. The campaign can explain common categories without recommending which one the donor should use.
What it can say
“Supporters who choose to include a charitable gift in their will often ask their solicitor about options such as: – a percentage or share of the estate – the remainder of the estate after other gifts have been made – a specific amount – a specific asset, such as shares or property – a gift for general purposes, where the charity can use it where the need is greatest.”
Safe wording
“These are general examples only. The right structure for your will depends on your personal, family and financial circumstances. Please seek qualified legal advice.”
Why the unsafe version fails
It recommends an estate structure. The charity may explain what a residuary gift is. It should not tell the donor it is the best option for them.
03Gift-over and charity-change noteFuture changes⌄
What it is
A prompt encouraging the donor to ask their solicitor about what should happen if the charity changes name, merges or no longer exists when the estate is administered.
Why it matters
The Facts Pack names gift-over or contingency clauses as useful because charity identity can change over time. The campaign should not draft the clause for the donor, but it can flag the issue.
Safe wording
“Charities can change names, merge or restructure over time. You may wish to ask your solicitor whether your will should include a contingency or gift-over provision, so your executor has guidance if our organisation has changed or no longer exists when your estate is administered.”
Why the unsafe version fails
It gives an instruction without proper drafting and may not reflect the donor’s intentions, the will structure or the applicable law.
04Australian tax and DGR statementTax boundary⌄
What it is
A short, accurate tax boundary statement for the campaign page and information pack.
Why it matters
Australian bequest marketing must not import UK or US tax logic. Australia has no inheritance tax, estate tax or death duties. Lifetime gifts to a DGR are generally income-tax deductible; bequests generally are not. The ATO position in the Facts Pack is that when an asset passes from a deceased estate to a DGR, any capital gain or loss on that transfer is disregarded.
Safe wording
“Australia does not have inheritance tax, estate tax or death duties. A gift left in a will generally does not create an income-tax deduction in the way a lifetime gift to a Deductible Gift Recipient may. If your estate includes assets such as shares or property, please seek qualified advice about the tax treatment that may apply. Where an asset passes from a deceased estate to a DGR, capital gain or loss on that transfer is generally disregarded.”
Why the unsafe version fails
It is too broad. It may imply a donor-level tax benefit that does not exist in Australia. It also ignores DGR status, asset type and personal circumstances.
05Family and professional-advice boundaryFamily first⌄
What it is
A clear statement that the donor should consider family and loved ones and seek qualified advice.
Why it matters
Family provision claims are a real risk in Australia. State and territory laws allow eligible people, often dependants or family members, to challenge a will for inadequate provision. A campaign should not frighten donors away from charitable giving, but it must not behave as though family obligations are irrelevant.
Safe wording
“Many supporters choose to provide for family and loved ones first, then consider whether a charitable gift also fits their wishes. Your solicitor or qualified adviser can help you make decisions that reflect your personal circumstances.”
Why the unsafe version fails
The charity cannot know that. It should never minimise family, dependency or estate-structure issues.
06Campaign response protocolStaff guide⌄
What it is
The staff-facing guide for what to send, what to record and when to stop.
Why it matters
A safe campaign can become unsafe when a live response is handled badly. The response protocol prevents well-meaning staff from asking for too much information or giving advice.
What it should say
“When a supporter requests general information: – send the approved information pack – record the request as campaign interest – do not ask whether they have changed their will – do not ask for estate value, family details, solicitor details or intended percentage – offer a private follow-up only if they ask or choose that option – if they ask for legal, tax or estate-structure advice, provide only organisational details and recommend qualified advice – if they mention illness, bereavement, family conflict, cognitive concern or pressure, stop the script and refer to the senior fundraiser”
Safe wording for staff
“I can send our general information and legal details. We cannot advise on your will or personal circumstances, so please take the information to a qualified solicitor or adviser.”
Why the unsafe version fails
It crosses from campaign response into estate advice. The fundraiser is no longer providing information; they are advising on the donor’s personal circumstances.
Case file — The page that looked safe until legal reviewed it Riverbank Arts Foundation
Campaign audience
The campaign audience is warm: subscribers, annual donors, retired volunteers and former board members.
Problem
The communications team thinks the page is clear. Evan sees a legal-safety problem.

Evan is the fundraising operations manager at Riverbank Arts Foundation, a regional arts charity preparing its first gifts-in-wills campaign.

The campaign audience is warm: subscribers, annual donors, retired volunteers and former board members. The message architecture is strong. The ask language is restrained.

The campaign web page, however, has problems.

The heading says:

“Make a tax-effective legacy gift.”

The legal-details box uses the public gallery name, not the incorporated legal name.

The page says:

“You can leave a percentage, fixed amount or artwork. We recommend a percentage gift because it keeps pace with the value of your estate.”

The suggested wording section says:

“Copy this clause into your will.”

The response form asks:

“Have you included us in your will? What is the approximate value?”

The communications team thinks the page is clear. Evan sees a legal-safety problem.

He rewrites the page into a safer asset.

The heading becomes:

“Information about including Riverbank Arts Foundation in your will.”

The legal-details box becomes:

“Please give these details to your solicitor or qualified adviser:

Full legal name: [insert full legal name]

Trading name: Riverbank Arts Foundation

ABN: [insert ABN]

DGR status: [insert accurate status]

Contact for general charity information: [insert role and email]”

The gift-type paragraph becomes:

“Some supporters ask their solicitor about a percentage gift, a specific amount, a gift of an asset such as artwork, or a gift for general purposes. These are general examples only. Your solicitor can advise what is suitable for your circumstances.”

The wording section becomes:

“We cannot provide legal advice or confirm wording is suitable for your will. Your solicitor may ask for our full legal name and ABN, and may also discuss a contingency or gift-over provision in case our organisation changes name, merges or no longer exists when your estate is administered.”

The response form becomes:

“What would be useful?

– Send me the general information sheet.

– Send me the legal details my solicitor may need.

– I would welcome a private follow-up.

– I have already included a gift and am comfortable telling you.

– I do not want information on this topic.”

The page did not become weaker.

It became usable.

Run the legal-safety asset audit

Before launch, audit every campaign asset against these checks.

01Identity check

Can a solicitor identify the correct legal entity without guessing?

Pass

The asset includes full legal name, ABN, DGR status and a contact point.

Fail

The asset uses only the public brand, campaign name or trading name.

02Advice-boundary check

Does the asset explain general options without recommending a personal course of action?

Pass

“Some supporters ask their solicitor about these options.”

Fail

“We recommend this gift type.”

03Tax check

Does the asset avoid Australian tax overclaims?

Pass

“Australia has no inheritance tax, estate tax or death duties. Please seek advice about your own circumstances.”

Fail

“Leaving a gift in your will is tax-effective.”

04Family-sensitivity check

Does the asset acknowledge family and loved ones without using them as a pressure device?

Pass

“Many supporters choose to provide for family and loved ones first.”

Fail

“Your family may not need everything you leave behind.”

05Gift-over check

Does the asset prompt solicitor discussion without drafting the donor’s clause?

Pass

“You may wish to ask your solicitor about a contingency or gift-over provision.”

Fail

“Use this gift-over clause.”

06Response-form check

Does the form allow low-pressure information requests?

Pass

The donor can request information without disclosing a will decision.

Fail

The form asks for estate value, intended percentage, solicitor details or will status before the donor has chosen a deeper private follow-up.

07Staff-script check

Does the response protocol tell staff when to stop?

Pass

Staff are told to stop and refer if the supporter raises legal advice, tax advice, family conflict, bereavement, illness, vulnerability or pressure.

Fail

Staff are encouraged to keep the conversation going until they identify a bequest intention.

Write one final launch rule:

“No campaign asset goes live unless a supporter can use it to seek qualified advice without receiving personal estate, tax, family or legal advice from us.”

The campaign may make the donor’s next step easier. It must not become the donor’s adviser.

What this lesson protects

  • A legally safe bequest campaign is practical, not vague.
  • It gives supporters the details they need: full legal name, ABN, DGR status, general gift-type information, professional-advice prompts and a clear contact pathway.
  • It avoids the claims and behaviours that create risk: tax promises, estate-structure recommendations, family assumptions, legal wording presented as personally valid, forced disclosure and premature requests for estate details.
  • The next lesson will sequence these assets across channels. That channel plan will only work if the underlying materials are already safe.
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