Leaving a Gift to Charity in Your Will: What You Should Know

18^th August, 2025

Many of us want to support causes we care about, even if we can’t always give during our lifetime. One powerful way to leave a legacy is by including a gift to charity in your Will. This kind of donation is often called a bequest or a charitable gift.

Importantly, this does not mean taking away from your loved ones. Instead, once your family and financial responsibilities are looked after, you can choose to donate a portion of your estate.

There are four main types of gifts you can leave in your Will:

1. Residual gift– This is what’s left after all debts, taxes, and personal gifts are handled.
2. Pecuniary or specific gift– This names a specific amount of money or a particular item, such as shares or property.
3. Whole estate– This is your entire estate, often chosen by people without close family or who wish to make a major impact.
4. Percentage gift– This is a fraction or percentage of your estate, which adjusts over time with the value of your assets.

Making a charitable bequest can also be flexible. You might choose to support medical research, animal welfare, education, or social justice causes. The choice is entirely yours.

However, there are some legal considerations. For instance, if a named charity no longer exists, your gift might not be fulfilled. In some cases, the court may step in to redirect your donation. This process is known as a cy-près application. It aims to honour your original intentions as closely as possible.

Because of this, it’s crucial to ensure your Will is worded clearly. Additionally, it should cover what happens if your chosen charity can no longer receive the gift. While this might sound complex, an experienced solicitor can guide you through it. They can help you avoid any confusion or legal issues later on.

Furthermore, your gift can be structured to benefit both the charity and your estate. For example, large gifts can be held in interest-earning accounts during the probate process. This can help preserve or even increase the value of your estate.

Ultimately, including a charity in your Will is a simple yet powerful act. Not only can it support meaningful work, but it can also bring peace of mind. You’ll know your legacy continues to make a difference beyond your lifetime.

At Castrikum Adams Legal, we specialise in Wills and Estate Planning in the Northern Rivers. We can help you structure your Will to reflect your wishes while avoiding unnecessary legal complications.

Contact us today to book a consultation and start planning a Will that reflects your values, honours your loved ones, and supports the causes close to your heart.