Drafting Gift Agreements

As the holiday season approaches, many individuals and organizations are thinking about giving back to their communities by making charitable donations. However, before making a gift, it is important to draft a gift agreement to ensure that all parties involved understand the terms of the donation.

A gift agreement is a legal document that outlines the terms and conditions of a charitable donation. It can be used to document any kind of gift, including cash, securities, real estate, or personal property. The agreement should include the following information:

1. The name and contact information of the donor and the recipient organization.

2. A description of the gift, including its value and any restrictions on its use.

3. The purpose of the gift and how it will be used by the recipient organization.

4. The timeline for the gift, including any payment schedules or deadlines.

5. Any tax implications for the donor and how the gift will be acknowledged by the recipient organization.

When drafting a gift agreement, it is important to consider the specific needs and goals of the donor and recipient organization. For example, if the donor wishes to support a specific program or initiative, the agreement should specify how the gift will be used to support that program. Similarly, if the donor wishes to restrict the use of the gift, such as only using it for capital improvements, the agreement should reflect those restrictions.

It is also important to consider any legal requirements for charitable gifts. For example, if the gift is worth more than $5,000, the donor may need to obtain a qualified appraisal to prove the value of the gift for tax purposes. Additionally, certain types of gifts, such as real estate or securities, may require specific legal documentation.

Finally, it is important to have the gift agreement reviewed by legal counsel to ensure that it complies with all legal requirements and accurately reflects the wishes of the donor and recipient organization.

In conclusion, drafting a gift agreement is an important step in making a charitable donation. By carefully considering the needs and goals of all parties involved and complying with legal requirements, donors can ensure that their gifts have the maximum impact and are used in the way they intend.