Donate to charity in a will

Did you know that £1 in every £5 donated to Scotland’s charities comes from gifts left in wills? That’s according to a report by Remember A Charity and Legacy Foresight. It’s a powerful reminder of just how meaningful legacy giving can be.

Many people choose to leave a gift in their will because they believe deeply in a cause, or because a charity has touched their own life or the lives of loved ones. It’s a personal and lasting way to give back – which is why it’s so important to get the giving part right. 

What can you leave to charity in your will?

When it comes to leaving a gift to charity in your will, there are several ways to do it. You can choose to leave a specific sum of money, a percentage of your estate, or even particular assets like a piece of art, jewellery, or property. Some people even choose to leave the proceeds from an investment account or shares. 

Bear in mind, your gift is presumably aimed at making a real financial difference - if the charity has to employ legal or financial experts to help deal with or dispose of the asset (such as a property), they may not benefit as much as you’d hoped. In fact, some charities, particularly smaller ones, will have restrictions about what they can and can’t accept.

Others bequest the residue of an estate - what is left over after all other legacies have been accounted for. Whatever you decide, it’s important to include clear and detailed descriptions of any specific items or assets, so that your executors can easily identify them and carry out your wishes as intended. Taking the time to get this right helps ensure your generosity has the impact you hoped for. 

Can you specify what a charity uses your legacy donation for?

In general, when you leave a gift to charity in your will, your donation will be pooled with others and used to support the charity’s core work. This might include delivering services, funding research, or raising awareness of the cause. 

However, if you have specific wishes about how your gift should be used, such as supporting a particular project or location, it’s important to discuss this with the charity in advance. That way, you can be sure they’re able to honour your request, and your gift can be used in a way that truly reflects your intentions.

IHT benefit of giving to charity in a will

Inheritance tax (IHT) is charged at a rate of 40% if your remaining assets are worth more than £325k after you die, i.e. the value of your estate after any outstanding debts and expenses have been cleared. (A slight caveat to this is that by passing your home on to a direct descendant, you can benefit from a further £175k in tax-free allowance.)

However, for those with philanthropic aims, it’s good to know that gifts to registered charities which are left in wills are free from IHT. In addition, if you leave 10 per cent or more of your estate to charity, the IHT rate is reduced from 40% to 36%. 

Should you discuss your charitable intentions with family?

Talking openly about your intention to leave a gift to charity in your will is a wise and thoughtful step. It can help prevent misunderstandings or disputes among family members after you’re gone, and reduce the risk of your wishes being challenged.

In Scotland, children have legal rights to a share of your estate - but that doesn’t mean you can’t leave a significant gift to a cause close to your heart as well. The key is balance, clarity, and communication. It’s also important to show those around you that you’re making this decision with a sound mind and genuine intent. If anyone suspects you were pressured into the decision or lacked capacity, your will could be contested. A calm, honest conversation now can give you peace of mind and help ensure your legacy makes the difference you want it to.

Planning ahead 

A will is meant to stand the test of time, so it’s important to get the wording right - especially when it comes to charitable giving. You want to make sure your gift reaches the right place, even years down the line. That’s why it’s crucial to not only double-check the official name and spelling of your chosen charity, but also include its registered charity number in your will. Many charities have similar names, and even a small error could lead to confusion or delays when your estate is being administered.

If you're supporting a small or local charity, there’s also a chance it may close, merge, or change direction before your will is put into effect. That’s where a solicitor can really help. They can guide you in using wording that allows your gift to be redirected to a similar charity if your original choice no longer exists, ensuring your legacy still supports the cause you care about. Alternatively, you can leave it up to your executors or solicitor to choose a suitable charity within a theme close to your heart, whether that's children, wildlife, heritage, or even donkeys or hedgehogs! 

Leaving a gift to charity in your Will is a generous and meaningful way to make a lasting difference - but careful planning is key. Taking the time to get the details right helps ensure your money goes exactly where you want it to, with minimal delays or confusion. It also makes things much more straightforward for the people handling your estate, giving them clear instructions to follow at what can be a difficult time. With thoughtful planning, your legacy can do the most good, as smoothly and effectively as possible.

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