Involving the younger generation in philanthropy

While some philanthropists set up a foundation as an individual venture, some others may want to get family members involved.

This can be for a variety of reasons, such as a means of passing down the values that matter to them to the next generation, or to provide a ‘safe’ environment for young people to engage with the ‘real’ world and to hone useful decision-making and management skills, or a constructive way to bring branches of a family and generations together on a regular basis. It may also help to set up smooth generational succession, including helping to head off unmet expectations for inheritance and other tensions that can arise when family members feel disenfranchised by the diversion of wealth to charitable causes.

Many family foundations are very aware of the benefit of involving younger generations and so have developed specific processes to gradually bring them into operations. This might be inviting them on trips overseas to visit the projects they support, or simply more regular open communication about the family’s giving. There are more formal options too – like junior boards.

How young is too young?

There is no minimum age for young people to take part in your family’s giving in an informal way. If you want them on a board or in a fiduciary role, you need to check the rules in your jurisdiction of choice but other than that there is nothing to stop you involving them. Empathy comes naturally to children at a young age and is the cornerstone of giving – so you may want to bring even young children into your giving in an advisory capacity. Also, the excitement and passion that young people bring can re-energize a foundation and smooth succession in a family philanthropy can pave the way for succession in private wealth or business structures.

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Ranked in Band 1 for private client for the last 16 years

Recognized for non-profit/charities law, tax law and trusts and estates law in San Diego by Best Lawyers 2016 and 2017

Ranked Band 2 in Chambers 2017 for Charities

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Track record

Association of NHS Charities

The Association of NHS Charities is the voice of NHS Charities through England and Wales, and works to represent and support the interests of these organisations as well as offering a network of support. Withers acted on the Association's behalf in preparing the Department of Health's guidance for the deregulation of NHS Charities.

SSAFA, the armed forces charity

Withers has had a long and very successful relationship with the armed forces charity SSAFA and we have acted for them on many issues over the years. We are immensely proud of our continued association with this worthwhile organization. Our team was on hand to advise when the charity went through a redundancy exercise and TUPE transfer in Germany. We successfully negotiated when two senior executive roles were terminated, alongside more junior members of staff, one of whom brought a disability discrimination claim. In another notable instance, we advised an Employment Tribunal in the UK over whether the charity could be held liable for an allegedly discriminatory decision taken by the MOD. We secured a ruling in our client's favour.

Well-known UK charities

Advising several large, well-known, UK charities in relation to their pension obligations, including in the context on a transfer of former public sector employees under a business sale, and in another case, how a regional branch office might manage its risks and liabilities in relation to a final salary pension scheme in which it participated for non-associated employers in the voluntary sector.

Worldwide philanthropic activities

We advised a Middle Eastern family who were actively engaged in philanthropic activities around the world. We created a Jersey based charitable foundation to focus the families's activities.

Charity of international sportsman

Assisted a well-known international sportsman with the creation of an Italian charity to support philanthropic projects and fundraising events in Italy.

Philanthropy for an order of Roman Catholic nuns

Represented an order of Roman Catholic nuns wishing to use their real estate, a five acre, 100+ year old legacy garden, for philanthropic purposes and in accordance with the charism of their order. We arranged for the garden to be owned by an independent nonprofit corporation qualified under the IRC as a private operating foundation, with directors appointed from the community and a permanent supporting endowment. The garden will be used for contemplative and meditative exercise.

Charitable and non-profit entities

Creation and ongoing representation of charitable and non-profit entities, including public charities, private foundations, and charitable trusts (charitable remainder trusts and charitable lead trusts).

Advising the World Wildlife fund and other charities in a will dispute

We represented the charities who successfully argued that English law governs the validity of a will dealing with English immovable property (the first judicial approval of the rule in Dicey). The court also held that England rather than Alabama is the appropriate forum for the dispute, despite the testatrix's nephew, Mr Clark, having obtained letters of administration in Jefferson County, Alabama

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