Drafting gift agreements is the basic stock and trade of a gift planner, but too often, problems are found or are encountered at a future time. Sometimes they are found by the charity and others by the donor concerned by their enforceability or interpretation. Often these are a result of problems in the original drafting of the agreement that could have been avoided. This session will guide the gift planner through some basic questions and issues to consider when drafting a gift agreement in order to identify and avoid common pitfalls that could otherwise prejudice the integrity of the agreement. Practical examples will be provided as well as a time for interactive discussion.

Learning Outcomes:

  1. Understand the basic questions and issues to consider when drafting gift agreements
  2. Identify common pitfalls to avoid that could prejudice the integrity of a gift agreements
  3. How to avoid future legal challenges to gift agreements

Terrance S. Carter, LL.B.

Managing Partner

Carters Professional Corporation

Terrance S. Carter, B.A., LL.B, TEP, Trade-mark Agent – Managing Partner of Carters, Mr. Carter practices in the area of charity and not-for-profit law, and is counsel to Fasken Martineau on charitable matters.  Mr. Carter is a co-author of Corporate and Practice Manual for Charitable and Not-for-Profit Corporations (Carswell), a co-editor of Charities Legislation and Commentary (LexisNexis Butterworths, 2017), and co-author of Branding and Copyright for Charities and Non-Profit Organizations (2014 LexisNexis Butterworths). He is recognized as a leading expert by Lexpert and The Best Lawyers in Canada, and is Past Chair of the CBA National and OBA Charities and Not-for-Profit Law Sections. He is editor of www.charitylaw.ca and www.churchlaw.ca.