Time to tread carefully when gifting life insurance to charities?
Aside from straight cash donations, gifts of life insurance are one of many ways by which charitable organizations are able to receive support from philanthropic donors. But the province of British Columbia could have set an uneasy climate for charities using that strategy, based on recent communications from its financial-services watchdog. In a recent blog post, Susan M. Manwaring and Sarah Fitzpatrick of Miller Thomson LLP explained that donors can use life insurance to facilitate charitable giving in several ways. But concerns of legal liability arising from the practice have been raised in BC, particularly because of provisions against trafficking of life insurance policies laid out in section 152 of the province’s Insurance Act: “Any person, other than an insurer or its authorized agent, who advertises, or holds himself or herself out, as a purchaser of life insurance policies or of benefits under them, or who traffics or trades in life insurance policies for the purpose of procuring the sale, surrender, transfer, assignment, pledge or hypothecation of them to himself or herself or any person commits an offence against this Act.” In a bulletin issued in May, the BC Financial Services Authority (BCFSA) sought to offer reassurance, clarifying that “solicitation...