The Oklahoma Bar Journal November 2024

that if not addressed in the drafting phase can obfuscate and frustrate the donor’s true intent in the even tual distribution phase. Typically, donors harbor quite precise ideas of how they envision their charita ble gift will bless others. This incli nation varies dramatically from donor to donor. Obligingly, many charitable organizations publish or eagerly share their preferred testa mentary charitable gift language, which can be accessed online or requested via email. Charitable Beneficiaries Foremost, the bequest language details which charitable beneficia ries should receive distributions. If the client identifies more than one charitable beneficiary, the drafting attorney should list what percentages or amounts each char itable beneficiary should receive. In some cases, there are specific assets gifted to certain beneficia ries for particular purposes. If this is the case, a property description should also be included – for example, gifting a vacation prop erty as a retreat or a ranch for nature conservancy. Still, in other instances, the donor may nominate a loved one to make grants after their passing through a donor-advised fund. 10 This has become increasingly popular for those who want to incorporate generational philan thropy. Some clients will create an endowment that is distributed annually to a donor-advised fund with family members listed as the account advisors. This proves an economical and less adminis tratively cumbersome alternative to private family foundations. In certain cases, the donor may limit the grants to enumerated fields of WHO BENEFITS?

A simple ‘check the box if interested in making a charitable gift’ may both spur a client to leave a gift and open the door for the conversation.

Studies show a dramatic difference in charitable giving based solely on the phraseology of the questions posed. 7 The simplicity of asking “Do you wish to make a charitable gift in your will?” may increase the likelihood of giving versus the more complicated phrasing of “Do you want to leave a charitable bequest in your estate plan?” 8 While the two questions feel synonymous and interchangeable to trained attorneys, the latter option can feel baffling to clients. It is a natural reaction to avoid what feels confounding rather than ask for clarification. A signif icant client segment who would perhaps respond affirmatively if asked in a more straightforward manner may instead forgo the gift based solely on the perplexing or unfamiliar language. 9 DRAFTING CONSIDERATIONS FOR TESTAMENTARY CHARITABLE GIFTS: WHO, WHAT, WHEN, WHERE, WHY AND HOW Drafting attorneys weigh many factors when crafting testamen tary charitable gift language. To express it in journalistic standards, the attorney needs to ascertain the who, what, when, where, why and how of the gift. There are nuances

the appropriate level of gravitas, and clients typically anticipate these issues will be addressed within the confines of privileged conversations. In the same vein, when raised appropriately, clients expect and appreciate questions surrounding charitable giving to be broached by their trusted advisors. 6 Many attorneys find it a comfortable and natural part of the factfinding process. Estate planning attorneys create custom intake forms to capture everything – from simple details, such as contact information, to the intricate specifics of their clients’ assets and planning preferences. Incorporating charitable gift questions into these intake forms proves an excellent way to gauge client interest and delicately open the door to charitable conversa tions. A simple “check the box if interested in making a charitable gift” may both spur a client to leave a gift and open the door for the conversation.

KEEP IT SIMPLE: CLARITY COUNTS!

Effective practitioners have shifted away from complicated legal jargon and have instead embraced the simplicity of plain English and layperson’s terms.

Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.

42 | NOVEMBER 2024

THE OKLAHOMA BAR JOURNAL