Making a Donation to a Charity or Special Cause in Your Will

It was recently reported (available here) that many charities have been facing financial difficulties. In the report, there has been a marked shift in the number of people who have expressly provided in their Will that a portion of their property is to be given to charities, enabling them to use it for their work. 

The rules governing what can be done with someone’s property when they pass away are not always well understood. This is likely due to the fact that a lot of people do not stop to consider them until much later in life, if at all. However, it is very important to appreciate precisely what you are able to request is done with your property when you die, and how useful a Will can be in helping you leave money behind for a special cause.

At Szabo & Associates, clients who want their money to be used for a specific purpose or donated to a charity important to them when they pass away regularly approach us. In this blog post, we review the law as it applies to Wills and point out what you are able to do with your estate and the options for leaving a portion of it behind for a special cause.

Understand the basics: how does a Will work?

It is not uncommon for people to communicate to their loved ones what they would like to be done with their assets when they pass away. However, in law, there is only one legally binding way for communicating what you would like to be done with your property when you pass away: a Will.

A Will must, amongst other things, be put in writing and not be the product of manipulation or pressure. An objective legal advisor can ensure that someone’s last wishes are recorded accurately and that they appreciate the consequences of their decision to allocate their property in a particular way. 

Many people understandably deem these legal rules unnecessary, complicating what would otherwise be a fairly simple matter. However, the very fact that there are rules is to ensure that your wishes are followed. This is the essential function of a Will. Not only will it allow you to record your intentions for your property in writing, it will provide evidence that you have understood that its terms will mean that your property is distributed in a particular way.

Get into the detail: how much should my Will cover?

As the only thing that is capable of being an accurate reflection of your wishes for the distribution of your property when you pass away, you should be as detailed and comprehensive as possible in the creation of your Will. While it is understandable that you may think it obvious that you would wish for a particular heirloom or other object to be given to someone in your family, meaning that you needn’t cover it in your Will, the fact remains that in law only what you have written down will be given effect to. 

Your Will should detail everything that you wish to have done with your property. It is always helpful to keep in mind that, when thinking on what is to be included in a Will, if anything is left out or its terms are not particularly clear, there is a risk that some part of your estate – the collection of your property when you pass away - may fall into intestacy. This means that some of your estate will need to be distributed amongst your family members according to a pre-set legal formula, which does not take into account what your wishes would have been.

Recording my intentions: can I instruct some portion of my estate to be given to a special cause?

Many, many people will have a cause that is close to their heart. Some people will have provided financial support to charities or charitable organisations over the course of their lives, and will want to leave something behind to enable them to continue their works. This is another part of the usefulness of Wills. As was mentioned earlier, only what is noted down in your Will can be given effect to. If you would like to leave money behind to be given to a charity, you can do so in your Will. 

Furthermore, if you would like to set money aside to be invested, which should then be used to benefit a charitable organisation, this is also possible – you simply need to make this clear in your Will. You will of course, as a priority, be anxious to ensure that much of your property is distributed amongst your surviving family members. However, you are perfectly entitled to, alongside this, leave instruction that some of your estate – whichever part of it, or sum of money you are referring to should be made clear – is given away to a charity or other organisation that is important to you.

Contact Szabo & Associates Solicitors

Szabo & Associates is a leading firm of solicitors offering comprehensive legal advice and support on all aspects of Wills. Our team of lawyer are highly experienced in drafting and giving effect to the terms of Wills. We take particular care, when working with clients, to make sure that we understand precisely what you intend to be done with your property. Our friendly team are acutely aware of their difficulties caused by ambiguity in Wills, and make sure that your wishes are communicated as clearly as possible. If you would be interested to know more about Wills, or in speaking to our team about leaving a donation to a cause close to you when you pass away, contact us today.