Sample purpose clauses for inter vivos gifts
Gifts made during a donor’s lifetime are described as inter vivos gifts.
Advancement staff at the University will discuss the proposed gift with the donor, including identifying and describing the purpose of the gift.
When proposing a gift to the University, donors might consider the various groups at the University who would particularly benefit from financial support, including students in financial need, disabled students, and indigenous students.
To assist donors, the University suggests the following clauses to describe the purpose of inter vivos gifts. The sample purpose clauses begin with broad purposes, moving to more specific purposes.
- an inter vivos gift for:
- the general purposes of the University;
- the educational purposes of the University;
- a particular Faculty or School of the University ;
- the University Libraries;
- an inter vivos gift to establish a perpetual trust for:
It must be stressed that donors need to obtain their own advice on the terms of any gift document, as these clauses are samples only and may not be suitable for the particular purpose under consideration.
An inter vivos gift for the general purposes of the University
The general purposes of the University include the educational purposes of the University (namely research, learning and teaching, knowledge transfer) and also the ancillary functions of the University (including the construction and maintenance of the University buildings and grounds). A gift for the general purposes of the University will most likely need to be reflected in a University trust instrument so that all relevant terms are appropriately recorded.
In this example a perpetual charitable trust is not established, and the University will apply the gift for the projects that have top priority at the time of the gift:
The gift is for the general purposes of the University, and the gift is to be known as ‘The [insert title] Gift’.
An inter vivos gift for the educational purposes of the University
The University’s educational purposes comprise research, learning and teaching, and knowledge transfer.
In this example a perpetual charitable trust is not established, and the University will apply the gift for the educational projects that have top priority at the time of the gift:
The gift is for the educational purposes of the University, and the gift is to be known as ‘The [insert title] Gift’.
An inter vivos gift for a Faculty or School
In this example a perpetual charitable trust is not established, and the University will apply the gift for the projects in the named faculty or school that have top priority at the time of the gift:
The gift is for research, learning and teaching, and knowledge transfer in the [insert name of Faculty or School], and the gift is to be known as ‘The [insert title] Gift’.
An inter vivos gift to establish a perpetual charitable trust for a stated purpose
In this example a donor establishes a perpetual charitable trust for a stated purpose:
The purpose of the gift is to support in perpetuity [insert purpose – see Describing gifts], and the gift is to be known as ‘The [insert title] Gift’.
An inter vivos gift to establish a perpetual charitable trust for bursaries
In these examples a donor establishes a perpetual charitable trust for bursaries:
The gift is to fund in perpetuity one or more annual bursaries for students who are in financial need enrolled or enrolling in the faculty of [insert name of faculty], and each bursary is to be called ‘The [insert title] Bursary’.
The gift is to fund in perpetuity one or more annual bursaries for indigenous students who are in financial need, and each bursary is to be called ‘The [insert title] Bursary’.
An inter vivos gift to establish a perpetual charitable trust for scholarships
In these examples a donor establishes a perpetual charitable trust for scholarships:
The gift is to fund in perpetuity one or more annual scholarships for students who are studying [insert discipline or area of study – see Study Disciplines], and each scholarship is to be called ‘The [insert title] Scholarship’.
The gift is to fund in perpetuity one or more annual scholarships for students with a disability, and each scholarship is to be called ‘The [insert title] Scholarship’.
The gift is to fund in perpetuity one or more annual scholarships for indigenous students, and each scholarship is to be called ‘The [insert title] Scholarship’.
The gift is to fund in perpetuity one or more annual scholarships for students to travel to study at an overseas university, and each scholarship is to be called ‘The [insert title] Travelling Scholarship’.
An inter vivos gift to establish a perpetual charitable trust for prizes
In these examples a donor establishes a perpetual charitable trust for prizes:
The gift is to fund in perpetuity one or more annual prizes for the top student in one or more subjects in the area of [insert discipline or field of study – see Study Disciplines], and each prize is to be called ‘The [insert title] Prize’.
The gift is to fund in perpetuity an annual prize for the top student enrolled in a research higher degree in [insert name of faculty], and each prize is to be called ‘The [insert title] Prize’.
An inter vivos gift to establish a perpetual charitable trust for research
In this example a donor establishes a perpetual charitable trust for research:
The gift is to fund in perpetuity research in the field of [insert discipline / field of research – see Study Disciplines], and each research grant is to be called ‘The [insert title] Research Grant’.
An inter vivos gift to establish a perpetual charitable trust for research scholarships
In this example a donor establishes a perpetual charitable trust for research scholarships:
The gift is to fund in perpetuity one or more scholarships for students who are undertaking research in the field of [insert field of research – see Study Disciplines], and each scholarship is to be called 'The [insert title] Research Scholarship'.
An inter vivos gift to establish a perpetual charitable trust for fellowships
In this example a donor establishes a perpetual charitable trust for fellowships:
The gift is to support in perpetuity one or more fellowships in the faculty of [insert name of faculty], and each fellowship is to be called 'The [insert title] Fellowship'.
An inter vivos gift to establish a perpetual charitable trust for lectureships
In this example a donor establishes a perpetual charitable trust for lectureships:
The gift is to support in perpetuity the appointment of one or more persons distinguished in the field of [insert area of study / discipline – see Study Disciplines] as a [visiting] lecturer together with all costs arising from that appointment, and each lectureship is to be called ‘The [insert title] Lectureship’.
An inter vivos gift for the libraries at the University
In this example a perpetual charitable trust is not established, and the University will apply the gift for the projects at the libraries that have top priority at the time of the gift:
The gift is for the libraries of the University, and the gift is to be called ‘The [insert title] Libraries Gift’.
An inter vivos gift to establish a perpetual charitable trust for books, publications and other library materials
In this example a donor establishes a perpetual charitable trust for books, publications and other library materials:
The gift is to support in perpetuity the purchase or the subscription by the libraries of the University of or to books, periodicals, data, records, recordings and publications in any form or format, together with the cataloguing, storage, distribution, promotion, licensing, maintenance, conservation and preservation of all items held by those libraries, whenever acquired (including the employment of staff to undertake those tasks), and the trust so established is to be called ‘The [insert title] Libraries Trust’.