Legacy fundraising is the practice of asking individuals to leave a gift in their Will to a charity. Legacies can be a sensitive issue for individuals and their families and as a charity, we need to ensure that we have acted appropriately and respectfully when seeking such donations and in following up on a supporter’s wishes.

SSAFA understands that legacy giving can be a complicated area of fundraising, so when discussing legacies, we must contemplate the needs and situation of the individual considering leaving a gift to SSAFA, with care, transparency, fairness and understanding.

There may be concerns associated with legacy fundraising, which range from a Will being challenged, to ethical issues with respect to the exploitation of vulnerable people. However, when done sensitively and ethically, legacy fundraising can be mutually beneficial to both SSAFA and the legator.

It is important to remember that we are all ambassadors of SSAFA and that our interactions with any person whilst representing our Charity may influence a decision to give to SSAFA whether under a Will or otherwise. Therefore, it is imperative that SSAFA staff and volunteers have clear role boundaries in respect of legacy fundraising.

Like other forms of fundraising, legacy fundraising is governed by the Code of Fundraising practice and the Charities Act 2011 (amended 2022), and all parties should adhere to the rules set out in the code and statute. When actively seeking legacy donations SSAFA will follow the provisions of the Charities Acts, and guidance issued by the Fundraising Regulator, the Chartered Institute of Fundraising and the Charity Commission.

This policy sets out the rules for undertaking legacy fundraising, and receiving a legacy, it applies to all SSAFA staff and volunteers, and all parties acting on behalf of the Charity.

• For the purposes of this policy, SSAFA staff and volunteers will be referred to as SSAFA representatives.
• Legator a member of the public who wishes to leave or has left a gift in their Will to SSAFA.
• Charity SSAFA, the Armed Forces charity

SSAFA will ensure that all legacy fundraising activity considers:

• the freedom of the person leaving the legacy (the legator) to provide for their family and others; and
• any sensitive circumstances of the potential legator and their family and friends.

1. SSAFA will ensure that SSAFA representatives are fully aware that they are not to provide legal advice to any potential supporters.
2. When writing to potential legators, SSAFA will make it clear that the communication is not intended to be legal advice and will recommend that the potential legator should seek their own independent professional advice.
3. SSAFA must make all efforts to ensure that any fundraising carried out by an external third party who is a professional fundraiser, meets the legal obligations that professional fundraisers have.
4. If a supporter making a Will asks a SSAFA representative or the Charity to act as executor, we should politely decline and explain that they do not have authority to act as Executor on behalf of SSAFA. As a Charity, SSAFA does not hold Trust Corporation Status and therefore cannot act as Executor.
5. SSAFA does not offer to potential legators any suggested wording for legacies to be included in their Will, but we will provide SSAFA’s full charity details including name, registered office address and registered charity numbers so that SSAFA can be clearly identified.
6. SSAFA will not exploit beneficiaries or supporters. Any case studies relating to the legator/supporter or legacy stories relating to legacy giving, will only be used with the express permission of the legator/supporter, Personal Representative, Executor or next of kin. SSAFA will respect their dignity and privacy.
7. SSAFA will be open about the reason for an invitation to an event if it is about legacies or if legacies will be discussed and may be asked for.
8. Face to face meetings with a potential legator should be held outside of the supporter’s home wherever possible.
9. SSAFA representatives must not hold individual face-to-face meetings in a potential legator’s home to discuss legacies without that person having first had the opportunity to refuse the meeting.
10. In all meetings with supporters who might consider leaving a legacy to SSAFA in their will, SSAFA must ensure that the SSAFA representative:
    1. accepts the supporter’s right to invite other people of their choice to be present at any stage of the meetings.
    2. reminds the supporter of the purpose of the visit/meeting.
    3. makes sure that the meeting is carried out in a way and at a length that is sensitive to and suits their interests and concerns.
    4. accepts the supporter’s right to end the meeting at any time and does this promptly and politely; and makes and keeps attendance notes of meetings and communications with the person on file.
11. In all visits to a supporter who might be considering leaving a legacy to SSAFA in their will, the Charity must ensure that the SSAFA representative does not act in any way that a reasonable person might judge to be threatening or as putting undue pressure or influence on the supporter.
12. SSAFA representatives will not draft or be directly involved in drafting Wills in favour of our organisation.
13. Free Will writing services, SSAFA has partnered with external/third party Will writing providers who can provide simple Wills at no charge to the supporter. In providing these services:
    1. SSAFA will not insist that our Charity receives a legacy or that SSAFA is appointed as executor in exchange for paying for the Will.
    2. SSAFA will always recommend that the legator making the Will should get independent legal advice; and
    3. SSAFA will make it clear to the person making the will that the solicitor or other Will writer will be acting only in their interests and on their instructions.
14. SSAFA representatives must not take advantage of their employment by the Charity to solicit a personal legacy.  If a close relationship develops between a SSAFA representative and a supporter considering leaving a legacy to SSAFA:
    1. If, the SSAFA representative is offered a personal legacy (rather than to the Charity), the SSAFA representative must explain to the supporter making the Will that if they want to leave a legacy to them personally, they must disclose this to their line manager at SSAFA about the gift.
    2. If it is believed that a SSAFA representative has abused their position and has asked for a personal legacy, disciplinary procedures will be followed for dealing with such situations.
15. SSAFA will respect the wishes of the legator if they tell the Charity they do not want to receive any further marketing communications from SSAFA (which would include any fundraising requests) or, wherever possible, if they ask for a certain level of contact.
16. If a legator asks SSAFA to explain to family members why they are not included in their Will, or why a legacy has been made to the Charity, SSAFA will refuse. SSAFA can only explain why the legacy is important to the Charity.  
17. Legacies where conditions or restrictions apply
    1. If SSAFA can meet the conditions and the Charity accepts a legacy, SSAFA will follow those conditions.
    2. If a legacy is left under the condition that it is used for a particular purpose or project, but SSAFA cannot meet that condition, SSAFA will contact the testator’s personal representatives before accepting the legacy.
    3. If SSAFA is to receive a legacy for a specific purpose, SSAFA will contact the Charity Commission for England and Wales, Scottish Charity Regulator (OSCR) or Charity Commission for Northern Ireland (as appropriate) for help if:
       • the purpose has been fulfilled or otherwise provided for.
       • the money or gift can no longer be used for that purpose.
       • the purpose is no longer a charitable purpose; or
       • the intended purpose has stopped being a suitable and effective use of the money or does not provide a use for all the money.
    4. If a legacy is left under the condition that it is used for a particular purpose, SSAFA will not use the legacy for a different purpose without proper authority from the Charity Commission for England and Wales, Scottish Charity Regulator (OSCR) or Charity Commission for Northern Ireland, or the Attorney General for Northern Ireland.
18. SSAFA will respect the legator’s or their estate’s wishes about any public recognition of the gift.

Charities Act 2011

https://www.legislation.gov.uk/ukpga/2011/25/contents

Charities Act 2022

https://www.legislation.gov.uk/ukpga/2022/6/contents

Code of Fundraising practice  Fundraising Regulator

https://www.fundraisingregulator.org.uk/code/specific-fundraising-methods/legacies

Charity Commission Guidance

https://www.gov.uk/guidance/wills-and-charitable-legacies

Chartered Institute of Fundraising

https://ciof.org.uk/events-and-training/resources/legacies

The Institute of Legacy Management

https://legacymanagement.org.uk/training-and-events/good-practice-guidance/

Further information is also available on SSAFA’s webpage at ssafa.org.uk/gifts-in-wills and on

SSAFAnet  https://ssafa365.sharepoint.com/SitePages/document-library/fundraising/legacy.aspx

Alternatively, contact the legacy team on email: [email protected] or Telephone: 020 4570 0351

All legacies left to SSAFA including those left to branches/divisions/hubs are administered by our Legacy Administration Manager.  Our Legacy Administration Manager is required to ensure all monies left to SSAFA are appropriately recorded, monitored, collected and allocated for accounting purposes and consider whether any transfer to branch/division is appropriate. Legacy Administration can be complex, and it is often necessary to consider issues like Inheritance Tax and Capital Gains Tax, property matters or claims against an estate.

Legacy Administration Manager - Louise Davies BA (Hons), CiCLA - Member of the Institute of Legacy Management

SSAFA, the Armed Forces charity

Queen Elizabeth House

4 St. Dunstan's Hill London

EC3R 8AD

Registered Charity No. 210760 Est. 1885 Registered Charity (Scotland) No. SC038056