Gifts,
if so wished, can be directed towards specific areas. However the Society
particularly welcomes contributions earmarked "for general purposes".
These are especially valuable as they allow the Society to respond flexibly,
allocating funds where they are needed most. In addition, the Society
is prepared to consider permanent forms of recognition if required.
The following information will be helpful to you and your lawyer when
leaving a legacy for the Society. If you need any clarification on legacies
and gifts, please contact us by clicking here
There are four common forms of legacy.
IT IS STRONGLY
ADVISED THAT PROFESSIONAL LEGAL ADVICE IS SOUGHT IN DECIDING WHICH IS
THE MOST APPROPRIATE FOR YOU.
The
Pecuniary Legacy: This involves leaving a specific amount of
money. The disadvantage of this method is that inflation will erode
its value over time. In order to get around this, you could set aside
a specific proportion of your Estate to your beneficiaries as follows:
The
Residuary Legacy: The way to protect the real value of your
gift is to make what is known as a residuary legacy, which may be a
percentage or fraction of your Estate after your other specific bequests
have been made.
A
life interest (reversionary legacy): We fully appreciate the
concern all of us have for those we leave behind, and our wish to ensure
first and foremost that proper provision is made for those close to
us. In this case, what is known as a reversionary legacy can be used,
where you leave money or your Estate (or a percentage of it) to the
Society after the death of your spouse, relative or friend. This means
that family and friends continue to enjoy your assets during their lifetime,
but afterwards everything, or whatever portion you have designated,
would revert to the Society.
The
conditional legacy: If you feel that you would like to leave
all or part of your Estate to the Society, yet you also feel that someone
else has a stronger claim to the gift, then you can make a conditional
legacy. This means you leave your bequest to a particular person, but
in the event that he or she should predecease you, then the bequest
would go to the Society.
Life
Assurance: There is another way of providing for the Society
during your lifetime for its benefit after your death. A life assurance
policy could be taken out on your life with the Society as the beneficiary.
Thus, for a modest premium, you can ensure substantial benefits for
the Society.
What form can my gift take? Your gift can take any form you choose,
and it is quite possible to leave gifts in the form of shares or items
of property, such as pictures or other valuables. The Society would
then sell the assets and utilise the proceeds as its sees fit.
Making
a non-binding pledge: If you do decide to leave a legacy to
the Society, we would be grateful if you could let us know by competing
the Pledge Form. We will also be happy, should you so wish, to arrange
a meeting at which you can detail your wishes in regard to your bequest.
You do not need to give details of your legacy, nor is the Pledge Form
in any way binding. It is simply a statement of your intentions.
Making
a Bequest: The following are some sample wordings for making
Pecuniary, Residuary and Gift in kind Bequests, as well as an example
of a codicil to an existing will. We would recommend, however, that
in all cases you discuss your requirements first with your legal adviser
in light of your personal circumstances.
Sample
Pecuniary Legacy clause
"I give the following legacy absolutely to The East African Wildlife
Society, an exempt society registered under the Societies Act (Cap 108
Laws of Kenya) with exemption certificate number 2029 and registered
under the Non-Governmental Organisations Co-ordination Act (Act No 19
of 1990) with registration number OP/218/051/915/188, of P.O Box 20110,
00200 Nairobi, Kenya, the sum of …..……………..
for [the general purposes of the Society] /[a specific purpose] with
full power to expend capital as well as income for such purposes and
I direct that a receipt of the secretary of the Society or other authorised
officer for the time being shall be a good and sufficient discharge
to my executors for the payment to the Society."
Residuary
Legacy
"I devise and bequeath [a percentage] of the residue of my estate
to The East African Wildlife Society, an exempt society registered under
the Societies Act (Cap 108 Laws of Kenya) with exemption certificate
number 2029 and registered under the Non-Governmental Organisations
Co-ordination Act (Act No 19 of 1990) with registration number OP/218/051/915/188,
of P.O Box 20110, 00200 Nairobi, Kenya, such sum to be applied [the
general purposes of the Society] /[a specific purpose] with full power
to expend capital as well as income for such purposes and I direct that
a receipt of the secretary of the Society or other authorised officer
for the time being shall be a good and sufficient discharge to my executors
for the payment to the Society."
A
bequest in kind
I make the following charitable gift absolutely to The East African
Wildlife Society, an exempt society registered under the Societies Act
(Cap 108 Laws of Kenya) with exemption certificate number 2029 and registered
under the Non-Governmental Organisations Co-ordination Act (Act No 19
of 1990) with registration number OP/218/051/915/188, of P.O Box 20110,
00200 Nairobi, Kenya
[a clear description of the item(s) to be bequeathed]
with full power to realise such assets and to apply the proceeds to
the general purposes of The East African Wildlife Society with full
power to expend capital as well as income for such purposes and I direct
that a receipt of the of the secretary of the Society or other authorised
officer for the time being shall be a good and sufficient discharge
to my executors for the payment to the Society.."
A
Codicil adding a bequest to an existing Will
"I (your name) of (your address) declare this to be the first (or
second etc…) Codicil to my Will dated the (date) of (month and
year) ("My Will")
In addition to the legacies given by me by My Will, I give the following
further charitable legacy absolutely:
To The East African Wildlife Society, an exempt society registered under
the Societies Act (Cap 108 Laws of Kenya) with exemption certificate
number 2029 and registered under the Non-Governmental Organisations
Co-ordination Act (Act No 19 of 1990) with registration number OP/218/051/915/188,
of P.O Box 20110, 00200 Nairobi, Kenya
The sum of [ ] for the general purposes of [the general purposes of
the Society] /[a specific purpose] with full power to expend capital
as well as income for such purposes and I direct that a receipt of the
of the secretary of the Society or other authorised officer for the
time being shall be a good and sufficient discharge to my executors
for the payment to the Society.
In all other respects I confirm My Will"
Note: A codicil needs to be separately signed, dated and witnessed by
two independent witnesses as for a Will in its own right