Elena Hoffstein and Stephen Hsia write on the laws governing gifts by will

October 24, 2022 | M. Elena Hoffstein, Stephen Hsia | Toronto, Vancouver

The Philanthropist, "The laws governing gifts by will – and the pressures they put on executors"

In this article, Elena Hoffstein and Stephen Hsia propose that extending the window for executors to make a testamentary gift to charity could unlock more giving to the charitable sector:

Executors have 60 months from a donor’s death to make any testamentary gifts to charities, if they would like the donor or the donor’s estate to benefit from tax credits arising from the gifts. However, 60 months may not be enough time to make the gift if an estate is complex, in protracted litigation, or has illiquid assets. To achieve fairness, provide certainty for specific giving strategies, and unlock more value for the charitable sector, the authors propose allowing for ministerial discretion to extend the 60-month window for testamentary charitable gifts for those executors and estates that need the additional time the most.

Read the full article.