Last Updated on April 21, 2026 by tanya

Can You Challenge a Charitable Gift in a Will?

 

About Our Legal Expert: This content is produced under the oversight of Michael Jefferies, First Personal Injury Director, who brings over 30 years of legal experience.

Written by Tanya Waterworth, Digital Content Writer

 

What You Need to Know About Gifts to Charity in a Will

Can you challenge a charitable gift in a will? Many people assume that gifts to charity are untouchable once a will is executed. However, while it may be complex, the law provides certain grounds under which these gifts can be questioned. Whether you are a family member who feels unfairly excluded or an executor unsure of your responsibilities, understanding your legal options is crucial.

A charitable gift, also known as a legacy or bequest, can be a sum of money, property, or asset left to a charity in a will. Charities often receive substantial donations in wills, which can significantly support their work. But these gifts can sometimes create tension among surviving family members, particularly if the donor has not provided adequately for close relatives.

We partner with experienced contentious probate lawyers who offer a range of fee structures, including ‘No Win, No Fee’ agreements, along with other flexible funding. They offer an initial, free consultation to assess your case.

 

The Inheritance (Provision for Family and Dependants) Act 1975

Under English law, the general principle is that testators (the person making the will) are free to distribute their estate as they wish, including giving gifts to charities. However, this freedom is not absolute. Certain laws allow individuals to challenge gifts, even to charities, under specific circumstances.

The Inheritance (Provision for Family and Dependants) Act 1975 is the primary legislation allowing certain people to contest a will in England and Wales. This Act provides protection for family members and dependants who may not have received reasonable financial provision from a deceased’s estate.

1. Who Can Challenge a Will under the 1975 Act?

The Act allows the following people to challenge a will:

Spouses or civil partners

Former spouses or civil partners who have not remarried

Children of any age, including adopted and illegitimate children

Anyone treated as a child of the family (e.g., stepchildren)

Dependants, including those who were financially supported by the deceased

If you fall into one of these categories, you may have grounds to challenge a charitable gift in a will if it prevents you from receiving adequate provision.

 

2. What Counts as “Reasonable Financial Provision”?

Reasonable financial provision is not the same as an equal share of the estate. Courts consider several factors, including:

The financial needs of the applicant

The size and nature of the estate

The applicant’s age and health

The applicant’s relationship with the deceased

For example, if a parent leaves the bulk of their estate to a charity and provides minimal support to a dependent child, that child could argue that the charitable gift deprives them of reasonable financial provision under the 1975 Act.

 

Other Grounds to Challenge a Charitable Gift in a Will

Apart from the Inheritance Act 1975, there are several other legal grounds that can be used to contest a charitable gift although these are more rare:

1. Lack of Testamentary Capacity

The donor must have had the mental capacity to make a will at the time of signing. Testamentary capacity requires that the person:

Understands the nature of making a will

Knows the extent of their estate

Understands who the beneficiaries are and the effect of the bequests

If you can show that the deceased lacked capacity when leaving a gift to a charity, the court may set aside the gift.

 

2. Undue Influence

A charitable gift can be challenged if someone exerted undue influence over the testator, causing them to make a gift they would not otherwise have made. Evidence might include:

Pressure from the charity or a third party

Isolation of the testator from family and friends

Sudden, unexplained changes in the will

Courts take undue influence very seriously, especially when large donations are involved.

 

3. Fraud or Forgery

If there is any suspicion that the will was forged, fraudulently altered, or manipulated, the gift may be contested. Fraud must be proven, which can involve expert handwriting analysis and other forensic evidence.

 

4. Failure to Comply with Formalities

In England and Wales, a will must comply with the Wills Act 1837, including:

Being in writing

Signed by the testator

Witnessed by two independent witnesses

If a charitable gift is part of a will that fails these formalities, it could be invalidated.

 

How to Challenge a Charitable Gift in a Will

Challenging a charitable gift requires careful planning and legal expertise. Here’s a step-by-step guide to help you understand the process:

Step 1: Review the Will

Obtain a copy of the will and carefully review the bequests. Identify:

The size of the charitable gift

Any provisions made for family members or dependants

Potential irregularities or suspicious changes

 

Step 2: Seek Legal Advice

Challenging a will is legally complex, and mistakes can be costly. A contentious probate solicitor can:

Assess the strength of your case

Advise on likely outcomes

Represent you in court if necessary

 

Step 3: Negotiate Before Court

In many cases, disputes may be resolved through negotiation or mediation rather than a lengthy court battle. Negotiation may result in:

Additional financial provision for family members

Amended distribution of the estate

A mutually agreeable settlement without harming the charity

 

Step 4: File a Court Claim

If negotiation fails, the next step is to file a claim in court. You must:

Provide evidence supporting your claim (financial need, lack of capacity, undue influence, etc.)

Follow strict deadlines—typically within six months from the grant of probate

The court will then consider all relevant factors, including the charitable gift, and decide whether to uphold or adjust the will.

 

Step 5: Consider the Implications

Challenging a charitable gift can have wider implications:

Potential delays in distributing the estate

Possible reputational issues for family members

Financial costs, including solicitor fees and court costs

Courts generally try to balance the rights of dependants with the wishes of the deceased, so successful challenges are not guaranteed.

 

Key Takeaways

1. Charitable gifts are not automatically immune from challenge.
2. The Inheritance Act 1975 provides the main legal route for dependants and family members to contest gifts.
3. Other grounds include lack of capacity, undue influence, fraud, and formalities issues.
4. Early legal advice and negotiation can save time, money, and emotional strain.
5. The court considers all factors, including the size of the estate, needs of dependants, and intentions of the deceased.

 

Contact Our Team Now

If you are considering challenging a charitable gift in a will, act promptly, gather evidence, and speak to one of our panel partners to explore your options fully. Doing so can make the difference between a successful claim and a costly disappointment.

Get started with our free, initial consultation – call us at 0333 358 2345 or contact us online.