Navigating Legal Issues as a Missionary: Lessons Learned and Hard Truths

One of the most challenging aspects of missionary work, particularly on the foreign field, is navigating legal issues. These challenges can threaten the work of decades, derail ministry goals, and lead to heartbreaking losses. My experience, and the experiences of others I’ve seen in ministry, has taught me valuable lessons about dealing with legal issues—especially when it comes to property and building.

Understanding Local Laws and Avoiding Common Pitfalls

A recurring legal issue missionaries face is property ownership. Too often, missionaries fail to fully understand the local laws in the country where they serve. This lack of understanding can leave them vulnerable to exploitation, legal disputes, or outright loss of property.

One critical piece of advice is to avoid putting property in your own name. Doing so can create a range of problems, from tax liabilities to legal vulnerabilities. Instead, form a nonprofit organization within the country and place the property under that organization’s name. This structure provides greater legal protection and ensures that the property is tied to the ministry, not to any one individual.

Our Property Disputes: A Painful Case Study

Our own experience with property issues has been a heartbreaking example of what can go wrong when legal matters are not airtight. Here’s an overview of our situation with the Mount Hebron property, which has been a cornerstone of our ministry:

  • Church Property: We currently hold 15,000 square meters (3.7 acres) for the church and 7,300 square meters (1.8 acres) for the institute. This totals 5.5 acres that we retain for ministry purposes.

  • Lost to Organized Crime: We lost 11,700 square meters (2.9 acres) to a local organized crime ring. We are still fighting this in court, but corruption and bribery make the process lengthy and uncertain.

  • Lost to a Family Member: Another 13,800 square meters (3.41 acres), including dormitories, a dining hall, staff housing, a water well, and other critical facilities, was lost to a family member who left the ministry decades ago. Due to improperly maintained paperwork, this property fell into their hands and was sold for personal gain.

These losses represent not only physical property but also the sacrifice of countless believers who gave generously to support the ministry. The setback has cost us thousands of dollars in legal fees and irreparably damaged years of ministry work.

Corruption and the Need for Vigilance

One of the harsh realities of working in certain countries is the prevalence of corruption in the legal system. Judges, lawyers, and other officials may be susceptible to bribery, meaning the outcome often depends on who can pay the most rather than who is right. This can make it feel like the system is stacked against missionaries who are simply trying to defend their ministry’s interests.

Here are some hard-learned lessons for navigating these systems:

  • Hire Reliable Lawyers: Work with trustworthy lawyers who understand local laws and can provide sound advice. Avoid paying large sums upfront, as this can make you vulnerable to unethical practices.

  • Double and Triple Check Legal Agreements: Ensure every detail is in order before signing anything. If possible, consult multiple legal advisors to avoid oversights.

  • Don’t Assume Integrity: Sadly, even those you trust may act in self-interest. Always ensure legal structures prevent individuals from profiting at the expense of the ministry.

The Legacy of Mishandled Trusts

Our story has been particularly painful because of how property was originally set up. My grandfather purchased the property with contributions from U.S. churches and placed it in a trust under three names: my father, my uncle, and their sending pastor. Unfortunately, my uncle left the ministry. Years later, the sending pastor passed his share of the trust to my uncle’s wife. This led to a legal battle, with my uncle and his wife claiming two-thirds of the property. They sold it for personal gain, effectively erasing decades of missionary effort and financial sacrifice.

This betrayal has been a stark reminder of the importance of sound legal planning. The failure to anticipate potential disputes or rogue individuals allowed personal greed to triumph over ministry goals.

Key Takeaways for Missionaries

If you’re considering missionary work or are already on the field, here are some crucial steps to safeguard your ministry:

  1. Understand Local Laws: Before purchasing property or starting a ministry, thoroughly research the legal requirements and potential risks in your host country.

  2. Establish Legal Protections: Create a nonprofit organization to hold property and assets. This ensures the ministry remains independent of any individual’s control.

  3. Keep Paperwork Updated: Regularly review and update legal documents to avoid disputes down the road. Don’t let outdated or incomplete paperwork become a vulnerability.

  4. Work with Ethical Professionals: Hire reputable lawyers and legal advisors familiar with local systems. Vet them thoroughly to ensure they have your ministry’s best interests in mind.

  5. Don’t Trust Blindly: While it’s essential to build relationships, always protect the ministry with clear legal structures that prevent exploitation, even by trusted individuals.

  6. Prepare for Corruption: Be aware of the realities of the legal system in your country and plan accordingly. This might mean budgeting for legal fees, building relationships with local officials, or seeking advice from other missionaries.

Moving Forward with Wisdom and Faith

The setbacks we’ve faced have been devastating, but they’ve also been instructive. I share these experiences not to discourage but to prepare others for the realities of ministry on the foreign field. God has been faithful through every trial, and we trust Him to use even these difficulties for His glory.

Missionary work is filled with challenges, but with careful planning, vigilance, and trust in God, you can navigate legal issues and protect the work He has called you to do. Don’t let the mistakes of others—or your own—deter you. Instead, let them strengthen your resolve to serve wisely and faithfully.

 
 

Photo by Sora Shimazaki: https://www.pexels.com/photo/close-up-photo-of-wooden-gavel-5668473/

Jonathan AshcraftComment