Donor-Advised Fund Agreement Template
Establish your charitable giving account with a sponsoring organization using this attorney-drafted donor-advised fund agreement. Covers contribution terms, advisory privileges, fee structures, succession planning, and IRS compliance for tax-deductible charitable giving.
Last Updated: Feb. 21, 2026
What Is the Donor-Advised Fund Agreement?
A donor-advised fund agreement establishes your relationship with a sponsoring organization that will hold, invest, and distribute charitable assets according to your recommendations. You contribute cash or securities, receive an immediate tax deduction, and then recommend grants to qualified charities over time.
This agreement defines who can recommend grants, what assets can be contributed, how fees are calculated, what happens when you die, and how to avoid private benefit violations that could jeopardize your tax deductions.
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Is This Donor-Advised Fund Agreement Right for You?
You need this agreement if you're:
- Establishing a DAF with a community foundation or commercial sponsor
- Contributing appreciated securities to maximize tax deductions
- Creating a multi-generational charitable giving vehicle
- Offsetting large capital gains from business sales or stock options
- Setting up structured philanthropy with family members
- Converting private foundation assets to a donor-advised fund
You definitely need this agreement if:
- You're contributing assets worth $25,000 or more to a DAF
- You want successor advisors to control grants after your death
- You're negotiating fee structures with multiple DAF sponsors
- You need investment advisory rights for a large fund balance
- You're contributing complex assets like real estate or private stock
Still unsure?
If you want an immediate tax deduction for charitable contributions while retaining flexibility over which charities receive grants over time, you need a donor-advised fund agreement.
Why Thousands Trust Legal GPS Templates
Save Money
Estate planning attorneys charge $1,500-$3,500 for custom DAF agreements. Get the same legal protection for $35.
Save Time
Download instantly and complete in under an hour. No scheduling delays or back-and-forth attorney revisions.
Look Professional
Traditional legal formatting sponsoring organizations and financial institutions expect from properly structured charitable vehicles.
Keeps You Out of Court
Private benefit prohibitions, pledge fulfillment restrictions, and successor advisor provisions prevent IRS violations that could disallow your charitable deductions.
What's Inside This Template?
Contribution Terms and Asset Acceptance Policies
Specifies what assets the sponsoring organization will accept, including cash, securities, closely held stock, and real estate. Includes valuation procedures and liquidation authority to ensure proper tax deduction documentation.
Advisory Privileges and Grant Recommendation Rights
Defines who can recommend grants, what organizations qualify as recipients, and critical restrictions preventing private benefit violations. Includes provisions for anonymous grants and multi-year commitments.
Fee Structures and Investment Management Options
Establishes administrative fees, investment management costs, and minimum fund balance requirements. Provides choices between pooled investment funds, separately managed accounts, and socially responsible investment options.
Successor Advisor Designation and Perpetual Giving
Names individuals who will control grant recommendations after your death. Includes options for family succession, institutional advisors, or field-of-interest conversion if no successors remain.
Prohibited Transaction Safeguards
Prevents using DAF assets to fulfill existing pledges, purchase event tickets for donor attendance, or provide impermissible private benefits. Protects your tax deductions from IRS challenge.
Termination and Asset Distribution Provisions
Specifies procedures for closing the fund, either at donor request or when balance falls below minimum thresholds. Ensures remaining assets are distributed to qualified charities consistent with your charitable intent.
| Premium Template Single-use Template |
Legal GPS Pro Unlimited Access, Best Value |
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$35
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$39/ month
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| Buy Template | Explore Legal GPS Pro |
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Get Protected in 3 Simple Steps
Step 1: Secure Checkout
Complete your purchase through our encrypted payment system. Instant access to your template.
Step 2: Instant Download
Download your Word document immediately. Compatible with Microsoft Word and Google Docs.
Step 3: Fill In the Highlighted Fields
Complete the bracketed sections with your fund details and successor advisor designations. Review with your tax advisor before signing.
Frequently Asked Questions
Can I use this template multiple times?
Yes. Once you purchase this template, you can use it to establish multiple donor-advised funds with different sponsoring organizations or create additional funds within the same sponsor. You can also modify terms as your charitable giving strategy evolves.
Is this contract legally binding?
Yes. Once signed by you and the sponsoring organization, this agreement becomes legally binding and governs all contributions, grant recommendations, and distributions from your donor-advised fund. It also defines the sponsoring organization's obligations and limitations.
What's the difference between a DAF and a private foundation?
With a donor-advised fund, you transfer complete ownership to a sponsoring organization and retain only advisory privileges. With a private foundation, you maintain legal control through a board of directors. DAFs offer higher tax deductions and lower administrative costs, while foundations provide more control and flexibility.
Can I deduct my contributions immediately?
Yes. Contributions to donor-advised funds are tax-deductible in the year you make them, even if you don't recommend grants to operating charities until years later. Cash contributions are deductible up to 60% of adjusted gross income; appreciated securities up to 30%.
What happens if the sponsoring organization denies my grant recommendations?
The sponsoring organization has legal authority to deny any recommendation that doesn't comply with IRS rules, violates their policies, or would provide impermissible private benefit. However, denial is rare for straightforward grants to qualified public charities. Most denials involve attempts to fulfill personal pledges or benefit related parties.
Can I change my successor advisors after signing?
Yes. Most donor-advised fund agreements allow you to update successor advisor designations at any time by providing written notice to the sponsoring organization. Check the specific amendment provisions in your agreement and the sponsor's policies.
| Premium Template Single-use Template |
Legal GPS Pro Unlimited Access, Best Value |
|
|
|
$35
|
$39/ month
|
| Buy Template | Explore Legal GPS Pro |
| Trusted by 1000+ businesses | |