Legacy disputes and gifts in wills: protecting charitable income

Charitable gifting through legacies in Wills represents a significant source of charitable donations in the UK. Legacies represent 30% of the fundraised income and 14% of the total income for the top 1,000 legacy charities in the UK[1]. As a result, it is key for charities that valid legacies are upheld and passed to the charity provided for in a Will. Contentious probate proceedings offer both opportunities and risk for charities in this regard.

Why may a charity become involved in contentious probate?

Contentious probate often involves legal disputes relating to the validity of an individual’s Will.

The result of a Will validity claim may affect charities who are the beneficiaries of a legacy, or residuary provision, under the deceased’s Will. A charity risks losing the benefit of a legacy, or residuary funds, if that Will is found to be invalid for any reason. The charity may therefore wish to take legal advice and consider putting forward a defence of the Will or seeking a court declaration that the Will is valid.

Alternatively, if a charity is the beneficiary of a legacy, or residue, under a Will which is subsequently purportedly revoked by a later Will, then they risk losing the benefit of this legacy or residuary funds. If there are any reasons for concern about the validity of the later Will then the charity may seek advice on bringing proceedings challenging the later Will.

Legal proceedings can also result from disputes between executors and beneficiaries about the approach that has been taken to the administration of an estate. A charity may wish to take advice on bringing proceedings seeking the removal of executors if they feel that executors are not ensuring the proper administration of the estate for the benefit of the charity.

Charities that are beneficiaries under a Will also have standing under the Inheritance (Provision for Family and Dependants) Act 1975 to defend claims brought by another individual for greater financial provision than they are entitled to under a Will. It is often worth seeking legal advice as to defending such a claim for the best interests of the charity.

Key considerations for charities involved in contentious probate proceedings

In addition to the standard considerations for anyone involved in litigation, charity trustees must be mindful of the additional factors that must be considered from a charity law perspective. As a starting point, charity trustees have a duty to act in the best interests of the charity. They have a duty to protect and, where necessary, recover assets belonging to the charity.

Trustees are expected to balance the risks of litigation against the potential benefits, and the Charity Commission expects that this will involve taking legal advice and assessing whether their proposed actions are proportionate.

As institutional litigants it is also important for charities to consider the reputational effect of litigation and the appropriate litigation approach. Early engagement and strategic legal advice is particularly pertinent and can be conducive to exploring the potential for settlement prior to court proceedings.

In addition, trustees should be mindful of maintaining an awareness of any charitable legacies. Research in 2025 shows that 67% of people who leave a gift to charity in their Will have not informed the charity of the existence of the gift. Charity trustees may therefore wish to take action to ensure that they are aware of any Wills which contain a charitable legacy, or residuary provisions benefitting a charity, in case these funds go unpaid or there is an associated Will dispute.

How can we help

Cripps can offer assistance guiding charity trustees as to their duties and the Charity Commission’s expectations for their approach to any contentious probate litigation. Our Specialist Disputes team can also assist with preparing and bringing a contentious probate claim or defence on behalf of the charity.