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Charities losing out by increase in challenges to wills

Many charities are hoping that the Inheritance Tax incentives announced in this year's budget for leaving money to charities in Wills will encourage more people to leave gifts to charity.

However, whether charities will benefit as much as they hoped is put into question by figures showing that more and more family members are taking to the courts in an attempt to contest such charitable gifts.

Family members and those who were fully or party financially maintained by the deceased have the right to go to court to contest a Will under the Inheritance (Provision for Family and Dependants Act) of 1975 if it does not make reasonable provision for them. So if the testator decided to gift all or some of his/her estate to charity instead of to the individual concerned, they may be able to get the court to change the Will in their favour.

This is why it is important to take legal advice if you wish to leave gifts to charity as, if you do not make reasonable provision for family and dependants, your wishes may not be carried out as you would have liked. Certain measures can be taken to persuade a court to follow your wishes if your Will is later contested, such as writing an explanatory 'side letter' but it is always advisable to have this professionally drafted.