A member asked over 9 years ago

Charitable trust creation

Is it possible to donate my estate to charity when I die? Do I need to specify which charity?

Val Antoff
Lawyer at Irdi Legal

Yes, it is possible to give your estate to a charity in your will.


Leaving your estate to a charity is a commendable act and to ensure that your gift does not fail you should be aware that:


  • There are certain categories of eligible persons who can make a family provision claim if you have failed to provide adequately for them in your will. Eligible persons in Western Australia are your:
    • spouse or de facto partner
    • former spouse or de facto partner if they were entitled to receive maintenance from you at the time of your death
    • children regardless of their age
    • grandchildren
    • step children
    • parents

  • You should do some homework about your chosen charity.
    • What is the precise name and address of the charity – ask for the ABN
    • Is your intended beneficiary really a charity
    • Will the charity accept the type of gift that you wish to make, or has the charity a preferred form of bequest.
  • You should consider giving your executor the power to select another charity which will fulfil the charitable purpose of the original charity because your chosen charity may have stopped to exist or may refuse your gifts.

Answered over 9 years ago   Legal disclaimer

Brennan Ong Steven Brown Nicholas Stewart
3 lawyers agree with this answer and 1 member found this useful
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