How to Challenge a Will With Charitable Legacies

Charitable legacies - gifts or bequests left to charities in a person's will - are an important source of income for many UK charities, sometimes representing a significant proportion of their funding. However, when a will containing one or more charitable legacies is challenged, disputes can arise between family members, dependants and beneficiaries about whether those gifts should stand. In England and Wales, challenging a will that includes charitable legacies requires understanding not only standard will contest principles but also how charities fit into inheritance law and how courts balance testamentary freedom with competing claims.

This article explains how charitable legacies work, the legal grounds and procedural steps for challenging a will that contains them, relevant time limits and potential risks, and answers common questions for both members of the public and solicitors.

What Are Charitable Legacies and Why They Matter

A charitable legacy is a gift left in a will to a registered charity or for a charitable purpose. Legacies can be:

• A specific gift, such as a set amount of money, a particular item or identifiable asset.
• A residuary gift, where a portion (or all) of the remaining estate is left to one or more charities.
• A share gift, where a charity is entitled to a proportion of the estate.

Charitable legacies can help reduce inheritance tax. Under current tax rules, gifts to UK‑registered charities are fully exempt from Inheritance Tax, and leaving more than 10 per cent of the net estate to charity may reduce the rate of tax on the rest of the estate from 40 per cent to 36 per cent.

Despite these benefits, substantial charitable legacies can sometimes be unpopular with family members or dependants who feel the deceased did not provide adequately for them, leading to legal challenges.

Why Charitable Legacies Are Contested

Charitable legacies may be challenged for several reasons:

• Family or dependants claim inadequate provision: Close relatives or dependants may argue that the gift to charity leaves them without reasonable financial provision and seek to vary the will under the Inheritance (Provision for Family and Dependants) Act 1975. This statutory claim allows eligible individuals to ask the court to increase their share if the will does not make “reasonable provision” for their maintenance.
• Will validity is disputed: The entire will (including the charitable legacy) can be challenged on traditional grounds of invalidity, such as lack of testamentary capacity, undue influence, fraud, or improper execution. If a will is held invalid, gifts to charity will usually fall away and distribution may follow an earlier will or intestacy rules.
• Ambiguities or technical issues: Sometimes the wording of the charitable legacy is unclear, outdated, or ambiguous - for example, if the named charity has changed its name, merged or ceased to exist. In such cases, courts may need to interpret the will and determine the correct application of the gift.
• Administrative or trustee disputes: Executors or trustees may dispute whether a charity has a valid claim to a legacy, especially if the estate's value is uncertain or if there are competing interests.

Unlike disputes over private beneficiary gifts, charities themselves can also be involved in defending their entitlement, since a contested legacy can significantly affect their expected funding.

Legal Grounds for Challenging a Will With Charitable Legacies

1. Challenging the Validity of the Will

A will can be challenged on traditional legal grounds anywhere it is alleged to be invalid. These include:

• Lack of testamentary capacity: The testator did not understand the nature and effects of the will or the extent of their property at the time of signing.
• Lack of knowledge and approval: The deceased did not know or approve of the contents of the will.
• Undue influence or coercion: A claim that another person pressured or coerced the testator into making gifts in the will, including to charity.
• Improper execution: The will was not signed and witnessed according to the formal requirements set out in the Wills Act 1837.

If the court finds the will invalid on any of these grounds, the legacy to charity may be lost, and the estate distributed under an earlier will or the intestacy rules. The legal test for validity does not distinguish between charitable and private gifts - all are part of the will's overall disposition.

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

A major route for challenging charitable legacies is through the Inheritance (Provision for Family and Dependants) Act 1975. This statute allows certain people - such as spouses, children, and dependants - to apply to the court for reasonable financial provision from the estate if they have not been adequately provided for.

Crucial points about this type of claim:

• The claim must usually be brought within six months of the Grant of Probate (the court authority to administer the estate).
• A charity's gift does not make the will invalid on its own, but a large charitable legacy may be reduced by the court if it would otherwise deny reasonable provision to an eligible applicant.
• The court considers a range of factors in deciding whether provision is reasonable, including the financial needs of the applicant, the size of the estate, the testator's intentions, and other beneficiaries' interests.

A notable example shows that family members can - in appropriate circumstances - successfully assert that a will leaves insufficient provision at the expense of charitable gifts.

Procedural Steps for Challenging a Will With Charitable Legacies

Step 1: Identify Legal Standing

To challenge a will or bring a claim under the 1975 Act, you must have legal standing. Eligible claimants generally include:

• Spouses or civil partners.
• Children or step‑children of the deceased.
• Other dependants the deceased maintained.

Charities and other beneficiaries without family or dependent status do not themselves bring 1975 Act claims, but they often participate in defending against challenges.

Step 2: Gather Evidence and Documents

You will need to collect key documents including:

• The original will and any codicils.
• Probate application and Grant of Probate documentation (if issued).
• Financial information about the estate's value.
• Evidence relating to the testator's intentions, capacity and circumstances at the time they made the will.
• Records of the charity's legal status and identity, especially if names have changed.

Effective evidence gathering is essential to support claims of invalidity or inadequate provision.

Step 3: Preserve Your Position

If the estate has not yet obtained a Grant of Probate, interested parties can apply to register a caveat with the Probate Registry to stop probate being granted without notice. A caveat provides time to prepare a formal challenge.

Once probate has been granted, the deadline for Inheritance Act claims starts to run.

Step 4: Consider Alternative Dispute Resolution

Before issuing formal court proceedings, parties may negotiate, mediate, or agree settlements about how gifts are applied. Mediation can reduce costs and preserve relationships.

Step 5: Issue Court Proceedings

If resolution through negotiation or mediation is not possible, formal court proceedings may be necessary:

• Validity challenges can be brought in the High Court (Chancery Division) or relevant county court.
• Inheritance Act 1975 claims are typically made through the Probate Registry.

Legal representation from solicitors experienced in contentious probate and legacy disputes is strongly advised.

Risks and Challenges

Challenging a will with charitable legacies carries risks and practical issues:

• Costs and adverse costs orders: If your claim is unsuccessful, you may be ordered to pay both your own and other parties' legal costs.
• Time pressure: Strict time limits, particularly for statutory claims, mean delays can weaken positions.
• Public scrutiny: Once probate issues become contested court claims, details of the will and disputes can become publicly accessible.
• Impact on charities: Reducing or removing charitable gifts can have significant consequences for charities that were expecting funding.

Charities may also take an active role in defending their entitlement, either directly or through representation by specialist legal advisors.

Common Questions from our Readers

Can I challenge a charitable legacy if I am not a family member?
You generally cannot bring an Inheritance Act claim unless you are a spouse, child or dependant. However, you may participate in defending or clarifying matters as a beneficiary concerned with how the estate is administered.

What if the charity no longer exists?
If a named charity has merged, changed its name, or ceased to operate, courts will often interpret the will to give effect to the testator's intention. Trustees may need to apply for a cy‑près scheme to redirect the legacy within charitable purposes.

Can a will be challenged just because it favours charity?
No. Testators have wide testamentary freedom. A challenge must be based on legal grounds such as invalidity or statutory claims for reasonable provision, not simply dissatisfaction with the outcome.

Key Takeaways

Challenging a will that includes charitable legacies in England and Wales requires careful assessment of legal standing, grounds for challenge, procedural deadlines and practical risks. Charitable gifts can be contested on grounds of will invalidity or through a statutory claim under the Inheritance (Provision for Family and Dependants) Act 1975 if eligible claimants argue that reasonable provision has not been made for them. In all cases, early action, thorough evidence gathering, and specialist legal advice are vital to protect your rights or defend charitable beneficiaries. The courts balance testamentary freedom with statutory protections, and disputes must be navigated efficiently to achieve a fair outcome.