(1) This Procedure is effective from 22 May 2023. (2) This Procedure outlines the process for effectively managing bequests and prospective bequests to the University. (3) This Procedure applies to the management of prospective bequests and the acceptance, recording and recognition of bequests to the University. (4) This Procedure is pursuant to the Philanthropic Gifts policy. (5) Bequest enquiries should be directed to Deakin Advancement. (6) University employees and office holders must maintain the highest ethical standards at all times when engaging a bequest donor or bequest prospective donor. This includes not accepting appointment as power of attorney, executor or trustee of a bequest, nor writing or witnessing a Will for a bequest donor or prospective donor unless they have family, social, or personal contacts with the donor or prospective donor which are separate to their position at the University and do not involve a conflict of interest (see Declaration of Interest procedure). (7) If a prospective bequest donor approaches the University, the prospective bequest donor is to be introduced to the Development Manager – Gifts in Wills. (8) The Development Manager – Gifts in Wills ensures that a Relationship Manager is assigned to the prospective bequest donor. (9) The Relationship Manager will liaise with the donor and the relevant University stakeholders required to realise the donor's intention. They will develop a positive and trusted relationship with the donor with the aim of capturing the following details at a minimum: (10) Deakin Advancement records the bequest intent and sends a letter of acknowledgement. (11) The Relationship Manager will thank the donor and maintain regular contact. (12) On notification of an unanticipated bequest or the death of a confirmed bequest intender, the Relationship Manager liaises with the donor's executor and Deakin Advancement Central Gifts Team until the bequest is realised and payment received. (13) Following receipt of payment or acceptance of gift in-kind, Deakin Advancement notifies: (14) Correspondence with executors and trustees is the responsibility of Deakin Advancement. If legal issues arise Deakin’s Office of the General Counsel will be consulted. The Office of the General Counsel shares information regarding Wills and confirmed bequests with Deakin Advancement and vice versa. (15) Disposition of bequest of property will be decided by the Chief Advancement Officer in consultation with the beneficiary and University policy and procedures relevant to the kind of property bequeathed. (16) The University reserves the right to refuse or return a bequest. All bequests must be acceptable under the University's Philanthropic Gifts policy and meet the requirements of the Philanthropic Gift Acceptance procedure. The Chief Advancement Officer will resolve any question of adequacy or appropriateness of a bequest and bears ultimate responsibility for the authority to accept or decline a bequest. (17) Any Bequest or Donation from a foreign government, foreign university, foreign business or any other foreign organisation or entity must be evaluated for the risk of seeking inappropriate access to, or influence over, particular persons, areas of activity, or research outcomes through various forms of funding arrangements (e.g. donations) or collaborations, financial or other inducements targeted at individuals. For further information see the International Relations Regulation policy, the Deakin University Foreign Interference page or contact the Office of General Counsel as to how the University assesses and manages the risks associated with its foreign interactions. (18) The University will convene a contested bequests committee to consider the action to be taken in the event of a disputed Will. The committee will comprise: (19) For the purposes of this Procedure:Bequests procedure
Section 1 - Preamble
Section 2 - Purpose
Section 3 - Scope
Section 4 - Policy
Section 5 - Procedure
Bequest enquiries
Prospective bequest donor
Receipt of a bequest
Official correspondence with executors and trustees
Bequest of property
Refusal or return of bequests
Contested bequests
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