Why Do Charity Beneficiaries Sometimes Take Time to Sign Estate Documents?

A note for solicitors and executors navigating the estate administration process


If you are a solicitor or executor managing a deceased estate with one or more charity beneficiaries, you may have experienced frustration getting documents signed and returned as quickly as you would like. Why does this sometimes take charities so long? And can anything be done about it?

Why the Delay?

Charities often have strict internal delegations for signing documents – particularly when it comes to forms with legal consequences such as statutory declarations, or relating to large sums of money. This isn’t bureaucracy for the sake of it; it’s about compliance and good governance which all Australian charities must demonstrate to maintain their charitable status.

In many cases, the person with the authority to sign:

  • Is a board member or executive with limited availability

  • May need to co-sign with another delegate, adding further delay

  • May be based in a different state office than the Gifts in Wills team

  • Might not be in the office physically, especially for board members who serve in a voluntary capacity

So when your email is met with radio silence, it's not because the charity is ignoring it - it's often simply that the document is waiting for the right person to become available.

Legal Review? Not Always Straightforward

Another complicating factor is the need for a legal review of documents. Many charities do not have in-house lawyers, or their legal team may not have any experience in deceased estates. Often charities are relying on external legal firms working at pro bono or at a discounted rate, and they are at the mercy of their contact having time for the review.

This means before you can receive back your requested document, there may be a delay waiting for an external firm to review and give the okay for it to be signed.

A Note on Releases and Indemnities

One recurring issue we have observed is requests for charities to sign releases and indemnities. Most charities we know have been advised against signing documents of this nature by their legal counsel as they can expose the charity to legal risk and ask for an indemnification on conduct that the charity has not been in any position to observe.

As a result, if you request a release or indemnity be signed:

  • There may be a substantial delay while the charity seeks an external legal review;

  • The charity may ultimately refuse to sign, particularly in circumstances where the scope of the document is broad and/or the terms of the Will have not been altered;

  • We respectfully ask that solicitors carefully consider whether such documents are necessary and, if so:

  • Keep the scope narrow and specific;

  • Explain the need for the document in the particular circumstances;

  • Accept that a review may delay signature, but should not delay distribution of funds.

Thank You for Your Patience

At Bequest Assist, we understand how important it is to keep the administration process moving smoothly - for executors, solicitors, and charities alike. That’s why we work with our charity clients to review documents quickly, explain their position if they cannot sign and streamline internal approvals.

For the charities we work for, we can sign most documents on their behalf, but others will require legal review or internal approval. In those situations, we’ll do everything we can to coordinate internally and keep you informed.

We know the delays can be frustrating, especially when you’re trying to fulfil your duties as an executor or legal representative. Please know that charities want to finalise matters as efficiently as you do. All of us working in and on behalf of charities are committed to moving as swiftly as possible within the constraints of governance, compliance, and external legal support.

Thank you for your understanding - and for your continued professionalism and patience in supporting charitable beneficiaries.

- Morgan Koegel, Managing Director, Bequest Assist
- Anne McFadden, Director of Planned Giving, Sydney Children’s Hospitals Foundation