FreeWill Co is a company whose website, FreeWill.com, has online software which helps people write wills for free and make charitable contributions, and it reports each person's planned bequests to charities which pay subscription fees. [1] It also helps people write advance healthcare directives [2] and living trusts in California. [3]
FreeWill is a public-benefit corporation founded at Stanford University in 2017 by Jennifer Xia Spradling and Patrick Schmitt. It has two social missions: The first is to create access to estate planning for all individuals regardless of their backgrounds or ability to pay. The second is to make it easy for people to leave money to charity. As a Public Benefit Corporation, they are legally obligated to pursue their social missions in addition to seeking financial return. [4]
The idea for FreeWill stemmed from cofounder Patrick Schmitt’s time working on fundraising campaigns for the Democratic National Committee where he learned how remove friction points in the donation process and increase individual donations. When it came time for Schmitt to do his own estate planning, he wondered why nobody had made it similarly easy to build charitable donations into your will. [5]
Town & Country magazine ranked the founding of FreeWill as one of the top 50 Philanthropic efforts of 2019. [6]
Charities pay a fee to FreeWill to have the charity's name included in the software, and receive reports of the name, address, assets, and planned bequest for each donor who agrees. [7] Donors are not required to leave money to charity. [8]
The company's products include wills, durable financial power of attorney, qualified charitable distributions, stock donations. [1] [9] and living wills (also known as advance healthcare directives or healthcare power of attorney). [2] FreeWill offers a living trust only in California. [3]
After entering all will information, users have options to download the will; or get more information; or see a lawyer, in which case the site offers the American Bar Association directory of all lawyers.
As of June 2021, 295,000 people have prepared wills on the platform, 19% have included bequests to charities, and bequests average $111,000. The planned bequests total $3 billion. The largest numbers of donations [5] have been for the American Red Cross, [10] United Way, [11] Defenders of Wildlife [12] and Disabled American Veterans. [13] [5] The average user is 57 years old. [9]
FreeWill is not a law firm and does not have an attorney-client relationship with customers. Privacy statements let the company store information on assets, children bequests, medical and religious preferences and use them to target ads and fundraising appeals. [14]
FreeWill says it uses modern security protocols. [15] They acknowledge that information can escape in security breaches, for which they do not accept liability. [14]
FreeWill disclaims liability for errors and omissions in their software; they also note that laws change rapidly. [16] If people nevertheless have disputes with the company, the users and company agree to use small claims courts or individual arbitration in New York City under "Commercial Arbitration Rules that contemplate in-person hearings." [16] The company's offices are in New York City, [17] and it is incorporated in Delaware. [18]
A charitable trust is an irrevocable trust established for charitable purposes and, in some jurisdictions, a more specific term than "charitable organization". A charitable trust enjoys a varying degree of tax benefits in most countries. It also generates good will. Some important terminology in charitable trusts is the term "corpus", which refers to the assets with which the trust is funded, and the term "donor", which is the person donating assets to a charity.
An advance healthcare directive, also known as living will, personal directive, advance directive, medical directive or advance decision, is a legal document in which a person specifies what actions should be taken for their health if they are no longer able to make decisions for themselves because of illness or incapacity. In the U.S. it has a legal status in itself, whereas in some countries it is legally persuasive without being a legal document.
A donation is a gift for charity, humanitarian aid, or to benefit a cause. A donation may take various forms, including money, alms, services, or goods such as clothing, toys, food, or vehicles. A donation may satisfy medical needs such as blood or organs for transplant.
A software license is a legal instrument governing the use or redistribution of software. Under United States copyright law, all software is copyright protected, in both source code and object code forms, unless that software was developed by the United States Government, in which case it cannot be copyrighted. Authors of copyrighted software can donate their software to the public domain, in which case it is also not covered by copyright and, as a result, cannot be licensed.
Fundraising or fund-raising is the process of seeking and gathering voluntary financial contributions by engaging individuals, businesses, charitable foundations, or governmental agencies. Although fundraising typically refers to efforts to gather money for non-profit organizations, it is sometimes used to refer to the identification and solicitation of investors or other sources of capital for for-profit enterprises.
A charitable organization or charity is an organization whose primary objectives are philanthropy and social well-being.
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Free and open-source software (FOSS) is software that is both free software and open-source software where anyone is freely licensed to use, copy, study, and change the software in any way, and the source code is openly shared so that people are encouraged to voluntarily improve the design of the software. This is in contrast to proprietary software, where the software is under restrictive copyright licensing and the source code is usually hidden from the users.
In the United States, a donor-advised fund is a charitable giving vehicle administered by a public charity created to manage charitable donations on behalf of organizations, families, or individuals. To participate in a donor-advised fund, a donating individual or organization opens an account in the fund and deposits cash, securities, or other financial instruments. They surrender ownership of anything they put in the fund, but retain advisory privileges over how their account is invested, and how it distributes money to charities.
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In the field of medicine, a healthcare proxy is a document with which a patient appoints an agent to legally make healthcare decisions on behalf of the patient, when the patient is incapable of making and executing the healthcare decisions stipulated in the proxy. Once the healthcare proxy is effective, the agent continues making healthcare decisions as long as the primary individual is legally competent to decide. Moreover, in legal-administrative functions, the healthcare proxy is a legal instrument akin to a "springing" healthcare power of attorney. The proxy must declare the healthcare agent who will gain durable power attorney. This document also notifies of the authority given from the principal to the agent and states the limitations of this authority.
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Farewill provides will-writing, probate, and cremation services in the UK. It claims to be the UK's biggest will writer, accounting for 1 in 10 wills written. Farewill is registered in England and Wales with the Law Society and was declared the National Will Writing Firm of the year in 2019.
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