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Read more articles in: Blog, Lauren Richardson-Kellam, Private Client
Many people have strong feelings about the causes they care about and would like to leave something behind to make a lasting difference.
With this in mind, what happens if you die without a Will and you had hoped to donate part of your estate to charity?
This is a common question, and the short answer is: without a valid Will, your wishes to support a charity will not be honoured.
Here is why, and what you can do about it.
If you die without a Will, your estate is distributed under the rules of intestacy, a fixed set of laws that determine who inherits what.
These rules do not account for personal wishes, and charities are not included under them.
Typically, your estate would pass to your:
If you have no surviving family, the entire estate could pass to the Government. This is known as bona vacantia, and again, it would not benefit any charitable causes.
Even if you told friends or family you wanted to leave something to a charity, it won’t be legally binding without a written Will.
Verbal instructions or informal notes usually carry no legal weight, and executors must follow the intestacy rules.
This means that, however strongly you felt about a charity, your estate will not support it unless it is explicitly stated in a legally valid Will.
Making a Will is the only way to ensure your estate is distributed in line with your wishes. It allows you to:
Our solicitors are experts in Will-writing and can help ensure the gift is clearly worded, legally sound, and that your estate is handled exactly as you intended.
Writing or updating a Will is not as daunting as many people imagine.
A short meeting with a solicitor can clarify your wishes, and your Will can be updated at any time as your circumstances or priorities change.
Leaving a charitable legacy is one of the most meaningful gifts you can make, but it won’t happen unless you put it in writing.
Thinking of including a charity in your Will? Contact our team today for a confidential chat about your options and how we can help.
Paralegal – Wills and Powers of Attorney
My legal career started in 2011 as a legal secretary. Over the years I have gained a great deal of insight in many areas of law, especially in relation to Private Client work.
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