This page has been prepared by the East African Wild Life Society (EAWLS) as a service to friends of EAWLS who may wish to express their support and affection for conservation of East Africa’s natural heritage, threatened species and habitats by means of a legacy directly to EAWLS.
It is simple to include a legacy to EAWLS in your Will. It can be done at the time you make your Will, or, if you have already made your Will, you can add a Codicil to provide for the bequest.
If you so wish, gifts can be directed towards specific areas of conservation work of EAWLS. However EAWLS would particularly welcome contributions earmarked “for general purposes”. These are especially valuable as they allow EAWLS to respond flexibly in allocating funds where they are needed most. In addition, EAWLS is willing to consider many permanent forms of recognition in response to any requests of this nature that you would like to indicate.
You can consider any of the following four common forms of legacies. It is strongly advised that professional legal advice is sought in deciding which is the most appropriate for you.
|1.||The Pecuniary Legacy|
|This involves leaving a named amount of money. The disadvantage of this method is that inflation will erode its value over the years. In order to get around this you could set aside a specific proportion of your Estate to your beneficiaries in the other forms of legacies itemized below.|
|2.||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.|
|3.||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, whereby you leave money or your Estate (or a percentage of it) to EAWLS after the death of your spouse, relative or friend. This means they enjoy your assets during their lifetime, but afterwards everything, or whatever portion you have designated, would revert to EAWLS.|
|4.||The conditional legacy|
|If you feel that you would like to leave all or part of your Estate to EAWLS, 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 EAWLS.|
There is another way of providing for a gift during your lifetime for its benefit after your death. A life assurance policy could be taken out on your life with EAWLS as the beneficiary. Thus, for a modest premium, you can ensure substantial benefits for EAWLS.
What form can my gift take?
Your gift can take any form, and it is quite possible to leave gifts in the form of shares or items of property such as pictures or other valuables. EAWLS could then sell the assets and utilise the proceeds as it sees fit.
Making a non-binding pledge
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 present intentions.
Appendix1: Samples of 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. We have, in each case, given you the option of leaving something to “East African Wild Life Society (“EAWLS”), a society exempt from registration in Kenya under section 10 of the Societies Act (Cap. 108) Laws of Kenya, with Certificate of Exemption from Registration Number 2029 and subsequently registered as a Non-Governmental Organization under the Non-Governmental Organizations Co-ordination Act (Cap. 19) of 1990 with registration number OP/218/051/9315/188 and including any successor body”,
|1.||Pecuniary Legacy clause|
“I give the following legacy absolutely to: EAWLS, the sum of …………….. for the general purposes of EAWLS power to expend capital as well as income for such purposes and I direct that a receipt of the Secretary of EAWLS or other authorised officer for the time being shall be a good and sufficient discharge to my executors for the payment to EAWLS.”
“I devise and bequeath [a percentage] of the residue of my estate to:
|3.||A bequest in kind|
“I make the following charitable gift absolutely to: EAWLS with full power to realise such assets and to apply the proceeds to the general purposes of EAWLS work with full power to expend capital as well as income for such purposes and I direct that a receipt of the Secretary of the EAWLS or other authorised officer for the time being shall be a good and sufficient discharge to my executors for the payment to the EAWLS.” [Give a clear description of the item(s) to be bequeathed].
|4.||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 EAWLS the sum of [ ] for the general purposes of EAWLS work with full power to expend capital as well as income for such purposes and I direct that a receipt of the bursar of the Secretary of EAWLS or other authorised officer for the time being shall be a good and sufficient discharge to my executors for the payment to EAWLS. In all other respects I confirm My Will”
[Note that a codicil needs to be separately signed, dated and witnessed by two independent witnesses as for a Will in its own right].