You’re in the Will; Now What?
Introduction
Learning your organization is included in a donor’s will is exciting. It shows trust and loyalty from the donor and potential future resources for the organization. But, it’s important to recognize that being named in a will is not the end of our fundraising process. Instead, it should be the beginning. It’s the start of an important phase in the donor relationship.
Many charities mistakenly acknowledge these legacy gifts once, then ignore them. They treat joining the legacy society as the end of the process. But, getting in the will is not a gift – not yet. Getting a new legacy society member only starts a process that might eventually lead to money. That sounds problematic. It sounds like a lot of extra work. But, it can actually be a great opportunity. We can use the planned gift as a first step to make the gift bigger and even to convert part of it to a current gift.
The most popular way to treat new legacy commitments is to “count it and forget it.” The goal is to get a person in the legacy society, celebrate the win, and move on to the next person. Research and real world practice show that this approach is risky. There are better ways to approach this.
This essay covers four strategies for charities after learning they are beneficiaries in a donor’s will. First, it explains why just acknowledging legacy gifts isn’t enough. Next, it outlines active strategies to keep and strengthen these commitments. Then, it discusses ways to increase the value of legacy gifts through structured giving. This includes using the donor’s identity and emphasizing permanence to inspire larger donations. Finally, it explores methods to convert future pledges into immediate lifetime gifts. These approaches help donors experience the direct impact of their generosity right away.
By understanding why and how donors give legacy gifts, charities can better secure and enhance these generous commitments.
STRATEGY 1: Count It and Forget It?
A charity learns it’s included in a donor’s will. That feels like a big win. But too often, organizations stop there. They count the gift and forget to stay connected. This approach is tempting, but it doesn’t work.
Research shows clearly that charitable plans often change. Plans shift when donors face significant life events. Declining health, a negative diagnosis, becoming widowed, or family changes can disrupt previous intentions. Divorce, remarriage, or birth of grandchildren also trigger estate-plan updates. A nationally representative study in the U.S. shows that only 55 percent of estate plans with a charitable component still have any charitable component 10 years later. This instability actually increases as the end of life approaches. The most common time for donors to add or remove charitable gifts is within five years of death.
An Australian probate study highlights this instability. About 60 percent of charitable wills were signed within five years of death, and 31 percent within two years. And these last wills typically include changes to the charitable component. A longitudinal U.S. study tracking lifetime plans showed that most charitable estates had no charitable beneficiary at some point within the last five years of life. IRS data shows that the likelihood of dying with a charitable plan increases dramatically with age. Again, this demonstrates that the charitable component of estate plans is fluid. The bottom line is that plans are changing. They’re unstable, especially at older ages and near the end of life.
Charities that ignore donors risk losing their place in updated plans. Without regular communication, a charity may quietly disappear from a donor’s estate plans. This isn’t necessarily because the donor has different feelings about the charity. They might simply not have thought about the charity during the planning process. This isn’t the 18th century; we’re not using quill pens to add codicils to existing wills. Estate planning attorneys employ automated systems that create new will documents based on the client’s current desires, intentions, family structure, and assets. The old will document (which will be automatically revoked) doesn’t matter, unless there is some issue of testator capacity. The point is this: There is no automatic carryover of provisions in the old document. And beyond this, donors are changing their estate plans every time they open a new account with a beneficiary designation. Adding a beneficiary or transfer-on-death designation to a bank account, IRA, life insurance policy, or even a piece of real estate? If the charity isn’t top of mind, the charity gets left out.
This doesn’t mean that getting in the estate plan early isn’t valuable. It is. First, it increases current giving. In a national study, this increase in annual giving averages 77 percent and is sustained two, four, six, even eight years later. Once donors begin to consider their wealth (i.e., their estate), not just their disposable income, as donation relevant, big giving feels more feasible. Beyond this, decedents who added the charitable provision earlier than in their final five years of life, on average, left charitable estate gifts that were three times larger. Getting in early leads to bigger estate gifts, but only if the charity stays in the plan. Maintaining that position requires active engagement. The decision to leave a charitable gift is rarely final until death. For charities, a bequest is just the beginning, not the end, of stewardship. The real work begins after inclusion in the will.
STRATEGY 2: Hang on Tight!
If charities want to move beyond “count it and forget it,” what’s next? The answer is active stewardship. Stewardship means regularly communicating with legacy donors. It involves expressing appreciation, celebrating, and reinforcing their decision.
Research results emphasize this clearly. A study including ten of the largest Australian charities provided strong evidence. It looked at loss rates among pledged legacy donors, in other words what share ultimately transferred no money to the charity at the end of life. When charities continued communicating with pledged legacy donors near the end of life, these loss rates fell dramatically. Donors who heard from charities at least once within two years before death had a 24 percent loss rate. Donors without that communication had a 48 percent loss rate. Regular engagement cut donor losses in half.
So, why would these large, sophisticated charities just go “radio silent” with their pledged legacy donors? Because charities communicate based upon recency of the last donation. There are two things we know about those who leave gifts to charity at the end of life. First, their plans are likely to change during the last few years of life. Second, they tend to stop making current gifts during the last few years of life. Often healthcare concerns intervene, making a current gift no longer a priority. But these same healthcare concerns also trigger new estate planning.
Consider the implications: charities have adopted a communication system precisely designed to go silent right at the most critical moment of decision for estate gifts. It’s the worst possible strategy. What’s the fix? It’s simple. Once a donor or other person with a life history of connections with the charity reaches a certain advanced age (let’s call it 75), you never stop communicating with them. Add a checkbox that treats them like a regular donor. This one simple change can dramatically impact estate planning gifts received by the organization.
Some communication works better than none. But, are there some types that work better than others? Yes. Although we don’t have experimental data on fulfilling a legacy giving pledge, we do have experimental data on fulfilling a current giving pledge. Some messages work well to get people to follow through on their original charitable plans.
One powerful strategy is expressing gratitude. In experiments, even simple thank-you messages significantly increased pledge fulfillment. Events honoring donors also fall into this category. For example, Doctors Without Borders held events showcasing their work and thanking legacy donors personally. Because other donors were also invited to the event, this approach led to more legacy gift commitments. The “thank you” not only solidified the current legacy gift commitments, but it also created a social norm for other donors to see. It showed them that other people just like them made estate gifts.
In experiments, specificity and formality matter too. When donors pledge specific amounts, they follow through more often. One experiment used a written pledge card that was signed only by the solicitor, not the donor. Using that card dramatically boosted completion rates. The gift commitment felt more official and formal which led to greater pledge fulfillment rates. Additionally, showing social proof, i.e., showing other donors who also pledged to make a gift, led to higher fulfillment rates. People fulfill pledges more often if they observe peers doing so as well.
Also, connecting pledges to memory and emotion strengthens commitments. In one experiment, donors who were asked to pledge in honor of someone special showed higher follow-through. This matches with what we know from neuroimaging research on bequest gifts. Tribute bequests to charity—these are donations that are linked to loved ones—more strongly engage emotional regions of the brain. These emotions reinforce decisions and protect against change.
If we want to hang on to our current planned legacy donors, active stewardship is vital. It reduces uncertainty and protects these gifts. Charities must regularly thank donors, communicate clearly, and foster emotional connections. Consistent contact makes legacy gifts stable and secure.
And finally, to actually get the dollars in the door there is one last critical step. Charities must be actively involved in the estate administration. They have a responsibility to the donor to make sure the donor’s wishes are fulfilled. When charities don’t show up – they get left out. The donor’s wishes get ignored. Pro tip: Let the business office manage this, not the fundraising office. Fundraising offices are not well-suited for the adversarial role required in these, sometimes contentious, legal proceedings.
STRATEGY 3: Make It Larger!
Getting a donor’s commitment is good. Growing that commitment is better. Most legacy giving comes from a small number of large gifts. A few substantial estate gifts vastly outweigh many smaller ones. Ask yourself: “Would you rather have the 10 largest estate gifts received by your charity or all of the others?” Most charities, even very large ones, would be financially better off with the gifts from their top one percent largest estate donors than with the other 99 percent. Estate giving is a highly skewed area of donations. Consequently, focusing on increasing gift size makes sense strategically.
What characterizes large estate gifts? They almost always include detailed instructions. Instructions reflect donors’ values and personal stories. They make a gift compelling. Specific guidelines help donors visualize their legacy’s impact.
What is the highest level of detailed instructions with a gift? It’s the private family foundation. Back when the estate tax exemption levels were lower, we could see more estates. In different years, IRS data showed that for estates of $5MM+ between 74 percent to 78 percent of all charitable bequest dollars went to private family foundations. Set aside for a moment any policy concerns with this reality and consider that, from a human behavior perspective, it means we know exactly what motivates massive gifts of wealth in an estate plan. It’s exactly those features of the private family foundation. They live forever. They’re named for the donor or the donor’s family. They’re used only for the specific purposes designated by the donor.
Those same features are what motivate massive estate gifts to public charities as well. These might include named endowments, scholarships, professorships, lectureships, bespoke donor advised fund agreements that mimic many features of the private family foundation. These all involve detailed instructions reflecting the donor’s values through permanent structures. From a psychological perspective, they provide symbolic immortality to the donor, allowing the donor’s personality to continue impacting the world long past their death.
Experiments with current donations confirm that allowing instructions with a gift (a.k.a. gift restrictions) increase donation size. Donors give more when they direct how charities use their money. Restrictions transform generic gifts into meaningful expressions of donor identity. This personalization motivates larger contributions both in current giving and in estate giving. This reality in estate gifts is nothing new. One study of wills in the 1800s found that estate gifts were restricted in only 14 percent of small cash gifts, but 58 percent of real estate or large cash gifts and 70 percent of gifts of a share of the entire estate.
Large gifts often reflect donors’ desire for permanence. Research shows that donors facing thoughts of mortality prefer lasting impacts. In one experiment, a charity was described as either “meeting the immediate needs of people” or “creating lasting improvements that would benefit people in the future.” For typical donors the first description worked better. But for those who had first been reminded of their own mortality, the second description generated three times more gifts. Notice that this didn’t even use permanence structures or gift restrictions, it just used permanence language when describing the charity’s impact. Psychologically, death reminders drive people to seek symbolic immortality through enduring gifts.
So, how can we convert this statistical and psychological reality into real-world practice? Start with a simple question. If a donor is in the legacy society after thanking them for their commitment, ask them, “Have you ever thought about how you would like your gift to be used?” If they haven’t (or even if they have) then share a story about a planned estate gift from another donor.
For example we might say, “The reason I ask is that I was working with another donor. You remind me of her because you both [insert similarity]. She spent her career helping other people get their finances in order and she recently signed a new will that one day will create a permanent endowed professorship to make sure that there will always be someone doing research in charitable financial planning. She named it after her grandmother who inspired her to go into the field. That type of professorship starts at about $2 million, and I didn’t know if that might be something you would be interested in learning more about?”
If that amount seems too large, then we might continue with, “I understand. In fact, many people like to create permanent scholarship funds instead. Those start at about $50,000. The named scholarship can be directed to students in particular areas of study to help them have a chance at an education.” Notice how we have moved beyond the small pat-on-the-head gift. We’re now talking about specific, visualizable, permanent impact. These come with price tags. These price tags provide a legitimate reason to talk about the exact size of the planned estate gift. They provide a reason to make that planned gift larger. And it all starts with a simple question.
Simply asking donors how they envision their gift’s impact can lead to larger commitments. Sharing inspiring stories of other donors also helps. Hearing real-world examples creates a social norm, provides inspiration, and motivates donors to increase their legacy intentions.
To create large estate gifts, charities can emphasize permanence and personal impact. Clearly visualizable outcomes resonate deeply with donors. Permanence transforms gifts into powerful legacies. When donors see their identity reflected in lasting impact, they give generously. These gifts are not only bigger, they’re sticky. They won’t get accidentally left out of the next plan.
STRATEGY 4: Make it Lifetime!
While future gifts hold promise, immediate contributions create tangible outcomes right now. We can look at this next step after putting the specific meaningful and visualizable legacy gift into the estate plan. We might open up the conversation by saying, “Thank you so much for including us in your plans. To treat us like a family member – that means so much. It’s great to think about the impact your permanent endowed [cause area/scholarship/professorship] will make over so many years. I’m curious, would you ever consider starting that now so you could see the impact personally while you’re still alive?”
Facilitating lifetime gifts requires proactive conversations. Converting legacy intentions into immediate lifetime gifts benefits both charities and donors. Donors appreciate seeing their generosity in action. Charities gain certainty and resources to drive immediate progress. Encouraging donors to shift some or all of their planned bequests into current gifts requires thoughtful conversation and flexible strategies. Often, donors will feel that a current gift of that size isn’t feasible. When that happens, we can use alternative strategies to make it happen. For example, we might respond, “I understand. It’s a common circumstance. Many people in your situation have decided to start their permanent fund right away using our “5 & 5” plan [or “virtual endowment”]. Your permanent fund will pay out five percent per year. If you decide to make annual gifts of that five percent payout plus five percent to fund the endowment, you could start your permanent fund immediately. Because it’s backed up by your estate plan, your named fund will be permanent no matter what. But this way you can see the impact right away. Is that something you might consider?”
This “virtual endowment” or “5 & 5” approach allows donors to fully fund a permanent endowment gradually. Each year, donors contribute a small percentage like five percent to establish and grow the endowment. Simultaneously, another five percent provides immediate operational support, creating instant impact. Because the full gift remains secured through a will or estate plan, organizations can treat it as a permanent endowment. And donors can enjoy seeing their philanthropic vision become reality during their lifetime. Donors find joy in watching their impact unfold right away, often creating deeper connections with their chosen charity.
This approach can create a virtuous cycle of philanthropy. We make it attractive, then we make it possible. Moving an estate gift to a permanent endowment gift with specific, visualizable impact makes it attractive. This increases gift retention. This also gives a reason for a larger gift. This increases gift size. Making it a permanent endowment gift with specific, visualizable impact also motivates starting it today through “5 & 5” or “virtual endowment” funding. This makes the gift right now.
Other irrevocable gift options can also provide alternative ways of making a more secure or immediate impact. Charitable Gift Annuities (CGAs) offer lifetime income, financial security, and immediate tax benefits. These reliable income streams can appeal strongly to older donors. They see benefits immediately while knowing the remainder of the gift eventually supports their chosen charity.
Charitable Remainder Trusts (CRTs) similarly encourage immediate, irrevocable transfers. Donors transfer assets into a trust, receiving ongoing income and immediate tax deductions. After the donor’s lifetime, the remaining assets pass to the charity. CRTs can appeal to donors who seek to balance philanthropy with personal financial needs.
The Retained Life Estate (RLE) approach also transforms future gifts into immediate commitments. Donors gift their property (homes or farmland), but retain lifetime use. They receive immediate tax deductions while maintaining familiar living or farming arrangements. After the donor’s death, the charity takes ownership. RLE agreements provide security, financial benefits, and visible proof of the donor’s legacy. These types of irrevocable transfers can lock in the estate gift, removing it from the risk of revocation.
Moving estate plans to current plans often allow donors to experience satisfaction from seeing their generosity at work. Positive experiences encourage additional future gifts to expand endowments and deepen their commitment. Charities gain predictable funding, helping them plan confidently for future initiatives. This mutual reinforcement builds a powerful and lasting donor-charity relationship, grounded in shared experiences and visible outcomes.
Estate Planning as a Gateway to Major Giving
Estate planning opens donors’ eyes to new forms of giving. Traditionally, donors give from disposable income. Estate plans, however, introduce the concept of donating assets. Including a charity in a will reframes donors’ thinking about their wealth. Suddenly, significant assets, such as real estate, stocks, or retirement accounts, become relevant sources of charitable gifts.
Research confirms the financial impact of this psychological shift is significant. Once donors commit to charitable gifts in their estate plans, they are more likely to make major lifetime asset donations. (The likelihood of making gifts over $10,000 more than doubles.) This shift occurs because donors mentally reclassify their assets as “giftable.” The initial estate gift creates a pathway toward larger and more impactful lifetime philanthropy.
Charities should leverage this gateway effect intentionally. For example, when a specific need or project arises, we might ask, “You’ve included a gift in your will already. Would you consider moving 10 percent of that to a current gift in order to [describe the charitable outcome]? Encouraging donors to discuss their estate gifts also opens doors to asset-based giving conversations. These can gently move donors toward larger lifetime gifts by normalizing asset donations.
Studies of donor behavior underscore this opportunity. For instance, a survey of over 18,000 supporters of a large humanitarian charity revealed a dramatic difference among legacy society members. They were 50 times more likely to have already made a current gift of assets such as stocks, real estate, retirement accounts, or life insurance than those who said they were unlikely to make a gift in a will (21.2 percent vs. 0.4 percent). And even among those who hadn’t yet made such gifts, planned legacy donors were 6 times more likely to say they would consider doing so (15.6 percent vs. 2.2 percent). This difference highlights estate planning’s power as a critical first step toward broader generosity.
Charities benefit greatly from actively guiding donors through this transition. Providing clear, accessible information on how to donate assets increases donor comfort. Case studies, testimonials, and easy-to-understand explanations simplify complex financial concepts. When charities educate donors about asset giving’s ease and benefits, donors are more likely to engage.
Proactive, personalized conversations further enhance outcomes. Development officers who explicitly discuss estate and asset-giving strategies see increased donor engagement. They can frame asset donations as logical extensions of the donor’s existing philanthropic estate plans. By linking estate planning with immediate asset giving, charities unlock significant philanthropic potential.
Ultimately, viewing estate planning as a gateway transforms the charity-donor relationship. It can move from small, pat-on-the-head gifts of general approval to major life investment gifts that accomplish something specific, visualizable, and lasting. It can move from transactional, income-based donations to strategic, asset-focused philanthropy. Donors find deeper satisfaction by contributing significantly both during and after their lifetimes. Charities can gain substantial, predictable support to drive long-term success. Estate planning can become more than just future intentions; it can be a pivotal step toward meaningful, lifetime generosity.
Conclusion
Legacy gifts represent enormous potential for charities. But, simply counting legacy gifts and moving on is not enough. Actively managing and nurturing these commitments is essential. Charities must understand and strategically respond to these realities of real-world legacy giving.
Legacy commitments are inherently fluid. Donors often revise plans due to health issues, family changes, or financial fluctuations. Charities that ignore these shifts risk losing valuable gifts. Regular, intentional communication stabilizes these commitments. Simple actions like expressing gratitude, providing specificity, and connecting emotionally protect against instability.
Enhancing the value of legacy gifts is powerful. Donors respond positively when they see permanence and personal meaning in their gifts. Charities must clearly communicate potential lasting impacts. Structured giving opportunities, such as endowments, scholarships, and named funds, motivate donors to give more generously. Encouraging donors to detail their gift’s use also increases this visualizability and resulting commitment.
Converting future legacy pledges into immediate lifetime gifts transforms donor experiences. Immediate gifts allow donors to witness their generosity firsthand. Strategies like virtual endowments or charitable gift annuities offer flexibility and immediate benefits. These approaches create lasting donor-charity bonds based on visible, tangible outcomes.
Estate planning serves as a critical gateway for major giving. Once donors consider asset-based gifts through wills, they become receptive to lifetime asset donations. Charities must actively encourage this transition through education and clear communication. Highlighting the ease and impact of asset giving turns initial estate gifts into lasting lifetime generosity.
Strategically managing legacy gifts creates substantial opportunities for charities. By understanding donors’ motivations and actively nurturing relationships, charities secure more stable, generous commitments. Emphasizing structured giving, personal impact, and permanence further enhances donor generosity. Ultimately, proactive stewardship transforms legacy giving from uncertain promises into powerful, immediate, and lasting impacts.
Resource
EncourageGenerosity.com
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