Leaving a gift to charity in your Will

For many Australians, supporting a cause close to their heart doesn’t end in their lifetime. Leaving a gift to charity in your Will—also known as a charitable bequest—is a powerful way to extend your legacy and continue making a positive impact well into the future. 

At Vicca Law, we regularly help clients structure their estate plans to include gifts to charities. While the sentiment is always admirable, there are legal and strategic considerations that must be addressed to ensure your wishes are honoured and your beneficiaries are protected. 

Here’s what you need to know if you're considering leaving a charitable gift in your Will. 


Why People Leave Charitable Bequests 

Charitable gifts often reflect the values, experiences, and passions of the person making the Will. Some of the most commonly nominated charities we see include: 

• RSPCA 

• Cancer Council 

• Fred Hollows Foundation 

• Oxfam 

• Lifeline 

• Beyond Blue

Whether you've personally benefited from a charity’s services or simply want to support a mission you care about, a bequest allows you to continue making a difference even after you're gone. 

How You Can Gift to Charity in Your Will 

There are two primary ways you can leave a gift to a charity in your Will: 

1. A Specific Monetary Gift 
   This is the most common method. You specify a set amount (e.g., $5,000, $10,000 or $50,000) to go to a nominated charity. 

2. A Percentage of Your Residue Estate 
   After all debts, expenses, and specific gifts are distributed, the remaining estate (known as the residue) can be divided among your beneficiaries—including charities. You might, for example, leave 10% of your residuary estate to a charity. 

Getting the Legal Wording Right 

It’s important to name the charity correctly in your Will. This means:  

• Including the full legal name of the charity 

• Stating the Australian Business Number (ABN) 

• Outlining the intended purpose of the gift (usually for general charitable purposes)  

Many major charities provide preferred wording on their websites under headings like “Leave a Gift in Your Will.” At Vicca Law, we also help clients verify and draft this language to avoid ambiguity or legal challenges. 

Things to Consider Before Making a Charitable Gift 

While generosity is commendable, it's crucial to consider how a charitable bequest fits into your overall estate plan: 

• Size of Your Estate: If your estate is modest and you give a large portion to a charity, it could disadvantage your loved ones or create disputes. 

• Order of Distribution: Specific gifts (including monetary bequests to charities) are paid before any residuary estate is distributed. If your estate reduces in value over time, the specific gift could end up being a disproportionately large portion of your estate. 

• Family Provision Claims: If your Will is challenged—particularly under Queensland’s family provision laws—significant charitable gifts may be scrutinised. In some cases, charities have been known to legally defend their entitlements. 

• Changes to Your Estate: If you specify an asset (like a property) to be gifted to a charity and then sell it before updating your Will, the gift may fail. In some cases, the charity could claim compensation from the estate for the value of the lost gift. 
  

How to Protect Your Wishes 

If you want to leave a charitable bequest, here are a few steps to ensure your gift is properly managed:  

• Work with a qualified estate planning solicitor to structure your Will. 

• Review your Will regularly—every three to five years or after major life or asset changes. 

• Be clear about your intentions and the structure of your estate. 

• Discuss your plans with your family to reduce the risk of disputes later. 

Final Thoughts 

Leaving a charitable gift in your Will is a meaningful way to support causes that matter to you. But like all aspects of estate planning, it requires care, legal precision, and a strategy that protects your wishes while minimising risks to your estate. 

If you’ve been considering leaving a donation to charity in your Will, we’d love to help you get it right. You can book a free consultation with Lidia Vicca, Principal Solicitor of Vicca Law, via our website: www.viccalaw.com.au. 

Together, we’ll safeguard your intentions and help you create a legacy that reflects your values and makes a lasting impact.