How To Contest a Gift to Charity in a Will

Written by Tanya Waterworth, Digital Content Writer

About Our Legal Expert: This content is produced with oversight by Michael Jefferies, Managing Director who has over 30 years’ legal experience.

You may have a valid reason to contest a gift to charity in a will, but you need to have strong grounds to do so as courts generally respect donations to charities. This is because they are largely considered legitimate and tax-efficient. But if the will failed to make reasonable financial provision or there is clear evidence of wrongdoing, you may be able to challenge it.

Contesting a charitable gift does not automatically mean taking the gift away from the charity; it often involves questioning the validity of the entire will or a specific clause.

It’s important to note that not every charitable gift is untouchable. Under certain circumstances, heirs or other beneficiaries may have justified reasons to contest such gifts.

If you would like advice about a potential contentious probate claim, contact our team.

Charitable Gifts in Wills

When someone makes a will, they can leave all or part of their estate to a charity:

• Full bequest: A person can leave their entire estate to a charity. In this case, the charity becomes the sole beneficiary of the will.
• Partial bequest (legacy): A person can leave a specific amount of money, a percentage of their estate, or particular assets (like property, shares, or valuables) to a charity while leaving the rest to family, friends, or other beneficiaries.

Grounds to Challenge a Will in England and Wales

To contest a charitable gift, you typically need to challenge the will itself. English and Welsh law recognises several grounds for contesting a will, the most common being the Inheritance Act. Grounds may include:

1. Inheritance (Provision for Family and Dependants) Act 1975

This legal route allows certain family members or dependants, such as spouses, civil partners, children, or individuals who were financially dependent on the deceased, to challenge a will if it fails to provide them with reasonable financial provision.

Importantly, this does not require proving that the will was invalid or that the charity acted improperly. Instead, the court considers whether the testator left adequate support for those entitled to a claim. In practice, the court may award the claimant a portion of the estate while leaving the charitable gift largely intact. This approach is particularly relevant when a charity receives the bulk of an estate, but a dependent can demonstrate genuine financial need. This allows the court to balance the charitable donation with reasonable provision for the family.

2. Lack of Testamentary Capacity

The deceased must have had the mental capacity to understand the implications of their will at the time of writing it. If they were suffering from dementia, mental illness, or severe confusion, you may argue that they lacked testamentary capacity. Courts will consider whether the person understood the nature of their estate, who might benefit, and the impact of their decisions.

3. Undue Influence

If someone pressured or manipulated the deceased into leaving money to a charity, this could be grounds to challenge the gift. Undue influence occurs when the testator’s free will is overpowered by another person. The law carefully examines situations where carers, family members, or advisers may have coerced the deceased into changing the will in favour of a charity.

4. Fraud or Forgery

A charitable gift may be contested if there is evidence of fraud or forgery. This includes situations where a will is falsified, signatures are forged, or documents are tampered with. Fraudulent activity undermines the authenticity of the will, potentially invalidating the entire document.

5. Improper Execution

Wills must meet strict legal requirements to be valid in England and Wales. If a will was not signed correctly, or the witnessing rules were not followed, the court may deem the will invalid. Mistakes like missing signatures, unsigned pages, or improper witness conduct can provide grounds for contesting a charitable legacy.

What to Do First if You Want to Dispute a Charitable Donation

Contesting a charitable gift is not straightforward. Taking the wrong approach can weaken your case. Here’s what you should do first:

1. Obtain a Copy of the Will

The first step is to obtain a copy of the will. This allows you to review the specific clause leaving assets to the charity and understand the distribution of the estate. If you are a named executor, you are entitled to access this. Otherwise, you may need to request it from the executor or the probate registry.

2. Review the Circumstances Surrounding the Will

Once you have the will, assess the circumstances under which it was made:

• Was the deceased mentally capable when writing the will?
• Were there any family disputes or known pressures that might suggest undue influence?
• Did the deceased have a history of charitable giving consistent with this donation, or is it an unusual gift?

3. Seek Legal Advice

Challenging a charitable gift involves complex legal processes. Early advice from a solicitor specialising in probate or contentious wills is essential. They can help determine if you have a realistic case and guide you on the evidence required to support your claim.

4. Consider Alternative Resolutions

Sometimes, disputes can be resolved without going to court. Mediation, negotiation with the executor, or reaching an agreement with the charity may save time and reduce costs. Courts generally prefer disputes to be resolved amicably when possible.

The Legal Process for Contesting a Will

If initial attempts at negotiation fail, you may need to pursue a legal challenge. The process generally follows these steps:

1. Filing a Claim

Your contentious probate solicitor will do this for you. Timing is crucial, for example claims under the Inheritance Act generally must be brought within six months of the grant of probate.

2. Gathering Evidence

Evidence is critical. This may include:

• Medical records to support claims of lack of capacity
• Financial documents, such as bank statements, to support reasonable financial provision
• Witness statements regarding undue influence
• Expert testimony from solicitors or medical professionals

3. Court Hearing

The court will examine the evidence and consider whether the will, or the charitable gift, should stand. Keep in mind that courts rarely remove gifts from genuine charities unless there is compelling evidence of wrongdoing.

4. Outcome

If successful, the court may:

• Declare the will or specific clause invalid
• Redirect the charitable gift to other beneficiaries
• Adjust the distribution to ensure dependants receive reasonable provision

When a Charitable Gift Might Be Protected

Certain circumstances make charitable gifts harder to contest:

• Gifts left to well-established, legitimate charities are generally respected by courts.
• If the deceased was of sound mind and the will was properly executed, the charity’s claim usually stands.
• Courts are reluctant to interfere with donations that were part of a long-standing philanthropic intention.

Need Help Today?

One of the biggest mistakes people make when it comes to contesting a will is waiting for too long. Taking early action is the best way to protect your future.

Our partner panel offer a range of fee structures, including ‘No Win, No Fee’ for certain cases along with other flexible funding – speak to our team to find out more.

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