How To Utilise Charitable Giving in Your Estate Planning
Read time: 6 minsLeaving money to charity in your Will or as part of your estate planning can have an impact on your inheritance tax (IHT) position. But if you’re new to estate planning, the exact tax implications may not be obvious – let’s cover everything that you need to know about charitable giving and how you can maximise the amount left to your beneficiaries.
Make an appointment
"*" indicates required fields
Why might you leave money to a charity in your Will?
Efficient tax planning is a key part of estate planning, and charitable donations can play a considerable role in making this as efficient as possible.
This is because in the UK, we have favourable legislation that means charitable giving in your Will can reduce the amount of inheritance tax that you’re required to pay. Any charitable donations that you make are also tax-exempt, so 100% of your donation goes to your chosen charity..
Many individuals choose to include charitable giving in their estate planning for these reasons: you support worthwhile causes, while also maximising the amount left to your beneficiaries.
How does leaving money to charity in your Will affect inheritance tax?
When you die, your estate is subject to inheritance tax for any amount that exceeds your tax-free allowance. This is known as your Nil-Rate Band. Each person’s Nil-Rate Band will depend on their circumstances, with some being considerably higher than others.
For example, these are the most common Nil-Rate Band considerations:
- Single/Divorced without a main home: Any amount above £325,000 is subject to inheritance tax
- Single/Divorced, leaving your home to direct descendants: Your estate may benefit from the additional Residence Nil-Rate Band, so any amount above £500,000 is taxable
- Married/Civil Partnership: Your entire estate can pass to your spouse / civil partner tax-free. On the death of both parties, and depending on the circumstances of your estates, it may be possible to leave up to £1,000,000 free from inheritance tax
Typically, when you exceed your Nil-Rate Band threshold, anything over this threshold is taxed at 40%. However, if at least 10% of your taxable estate is left to a registered charity, the inheritance tax rate drops to 36%.
It’s important to note that the 10% rule is only applicable if your donation is left to a qualifying charity recognised by the Charity Commission for England and Wales. In order to check this, you can use their online charity registry service.
Top tips for charitable giving and estate planning
Check which charities you’re leaving gifts to
The wording of your Will must be exact to make sure your beneficiaries receive donations without unnecessary friction or delays. Make sure to check a charity’s registration, and name them specifically in your Will.
Gift shares alongside cash
If you wish to benefit a charity and hold shares or other investments, it may be more tax-efficient to transfer those assets directly rather than selling them first. Depending on the circumstances, direct gifts of qualifying shares may attract capital gains tax and income tax relief. Specialist tax advice should be obtained before proceeding.
Write a ‘Letter of Wishes’
Sometimes, family members may try to contest a Will if they feel too much is left to charity and not to other beneficiaries. This may result in costly legal fees that eliminate any tax savings you’ve achieved; instead, write a ‘Letter of Wishes’ that outlines exactly why you’ve distributed your estate in the way you have. While a Letter of Wishes is not legally binding, it can provide useful evidence of your intentions and may assist your executors if your Will is challenged.
Frequently Asked Questions
What is estate planning and why is it important?
Estate planning is the process of organising how your assets will be managed or distributed during your lifetime and after death. It helps ensure your wishes are followed and can mitigate tax liabilities such as inheritance tax.
How does charitable giving reduce inheritance tax?
Gifts made to registered charities are exempt from inheritance tax and are deducted from the value of the estate before inheritance tax is calculated. Additionally, if you leave at least 10% of your estate to charity, you may qualify for a reduced inheritance tax rate of 36%, which can increase what your beneficiaries ultimately receive.
Can I make charitable gifts both during my lifetime and through my Will?
Yes. Charitable donations can be made at any time. Lifetime gifts may reduce your future estate and often qualify for income tax or capital gains tax relief, while gifts in your Will reduce your estate’s value for inheritance tax purposes.
Do I need to donate to a specific type of charity to receive tax benefits?
The organisation must qualify for charitable tax treatment. Most registered UK charities will qualify, although additional rules can apply in some circumstances.
What forms can charitable gifts take in a Will?
Common options include leaving a fixed cash amount or a percentage share of your estate. Both types of gifts pass tax‑free to the charity and may help reduce the overall inheritance tax payable.
Example A
Leaving a percentage to charity to reduce inheritance tax
Mr Watson has an estate worth £900,000. After allowances, £500,000 is subject to inheritance tax. He wants to leave something to charity but also ensure his children receive most of his estate. By leaving 10% of his estate to charity, he qualifies for the reduced 36% inheritance tax rate instead of 40%.
Example B
Eliminating inheritance tax entirely through charitable giving
Mr and Mrs Davis have a combined estate worth £700,000. Because they are leaving their estate to a nephew rather than direct descendants, they only qualify for the standard combined tax-free allowance of £650,000, leaving £50,000 subject to inheritance tax. By leaving this £50,000 portion directly to a registered charity, they utilise the charitable exemption to completely eliminate their inheritance tax liability. This allows their nephew to inherit the remaining £650,000 entirely tax-free while securing a substantial, meaningful gift for their chosen cause.
Supporting your choice for charitable giving
At Kew Law we can assist in preparing your Will, making provision for charitable giving, and advising on the impact this will have on inheritance tax.