Key Legal Considerations for Charities: Legacy and Heritage Gifts

Managing legacy gifts is a vital part of sustaining charitable work, but it comes with legal complexities that can affect both the charity and the donor’s intentions.

At our recent 2025 Charity Legacy Conference, we shared practical guidance for CEOs, trustees and legacy officers on how to navigate these issues. Below, we answer some of the most common questions charities face when dealing with legacies and heritage gifts, particularly those involving property, land and buildings.

How should a charity be identified in a will?

One of the most frequent causes of disputes is incorrect identification of a charity in a will, which is why it is best practice is to include:

• The charity’s full legal name
• Its registered charity number
• The correct address as listed on the Charity Commission website at the date of the will

Providing this information in your legacy literature and offering example clauses can make life easier for will drafters and reduce the risk of ambiguity.

Can a charity refuse a legacy gift?

Yes, charities can disclaim gifts that prove unduly onerous or impractical to manage and, in some cases, gifts can be redirected to organisations better equipped to handle them. Early conversations with donors and collaboration across the sector are key to avoiding difficult situations later.

What should charities know about heritage property and chattels?

Heritage property and valuable chattels can bring significant benefit, but they also carry obligations. Before accepting such gifts, charities should:

• Encourage donors to discuss intentions early
• Assess whether the charity has the resources to manage the asset
• Consider whether collaboration with specialist organisations might be appropriate

These steps help prevent unexpected liabilities and ensure the donor’s wishes are honoured.

Why is record keeping so important for legacy management?

Detailed records of your charity’s history and structure can be invaluable when resolving ambiguous wills – evidence of organisational changes has saved gifts that might otherwise have been lost. Maintaining accurate archives is a simple but powerful way to protect your charity’s interests.

What due diligence is needed for land and buildings?

Gifts of land and buildings often come with planning obligations that can affect their value. Therefore, charities should carry out thorough due diligence before accepting such assets. Previous planning decisions may impose immediate responsibilities, but mechanisms exist to address anomalies and reduce risk. Working collaboratively with councils and stakeholders can unlock potential and preserve value.

Should charities encourage lifetime giving alongside legacies?

Whilst legacy planning remains essential, lifetime giving offers donors an opportunity to see the impact of their support. Charities should highlight the range of options available, from one-off gifts to structured giving plans, which strengthens relationships and can complement future legacy commitments.

Need advice on legacy gifts or disputes?

If your charity is facing a legacy challenge or planning for future gifts, our specialist team can help. Contact a member of our team for expert guidance on legacy planning, disputes and heritage property.