Leaving a gift in your Will

A Will is a legal document which outlines your final wishes to your loved ones regarding the distribution of your estate, assets and the care of any minor children or pets.  If you die without a Will (intestate) the law decides who will get your assets and estate. Your final wishes may not be carried out and your loved ones may experience additional emotional stress and time in settling your affairs.  

It is important to keep your Will up to date. If you experience a change in your personal circumstances such as moving home, getting married, having children, or getting divorced it is always wise to reassess your Will and make any necessary changes.  

There are three types of gift you can leave to a charity.

• Residuary gift: this is a percentage share of your estate.
• Pecuniary gift: a specific amount of money.
• A specific gift: such as jewellery, antiques, and shares.

All gifts in Wills are hugely valuable to us, but you can future proof your gift by leaving a percentage share of your estate rather than a gift of a specific sum. This means that when we receive this gift, it is likely to go further in support of our work.

For a single straightforward Will it can cost from approx. £150, however we have partnered with FareWill to offer our supporters a free Will writing service.

There are two types of Wills that can be written with a partner.

Mirror Wills – these are two separate Wills for two people, which set out the same wishes within both.

Mutual wills – these are two separate wills for two people, which set out the same wishes within both. They are like mirror Wills, except this type of Will cannot be altered after one person passes away.

We always recommend that you ask a solicitor or other legally qualified professional to prepare your Will.

To learn more about making and amending your Will visit gov.uk

To find a solicitor who can help you with making your Will, visit the Law Society’s Find a Solicitor website and use the quick search option “Wills and probate” to find your nearest solicitor.

Choosing a law firm that is a member of the Law Society’s Wills and Inheritance Quality Scheme means that your solicitor will meet the high standards for Wills and probate services set by the Law Society. You will also be using a specialist legal professional who is regulated and insured, unlike most other Will-writing services.

Or if you need a solicitor that provides specialist legal advice for older and vulnerable people, their families and carers, try Solicitors for the Elderly.

Administrator – Those who have been appointed to administer an estate where there is no will or executor. 

Assets – Any property, money and belongings which have value – either financial or sentimental. 

Beneficiary – A person or organisation who is named in the Will as the recipient of a gift. 

Bequest – A gift made in a Will. 

Chattels – An item of personal property that can be moved – including furniture, jewellery, or a car. 

Conditional legacy – A gift which only takes effect if a specific condition is met on death. For example, you can make the gift conditional on the beneficiary reaching a certain age or specify that funds must be used for a house deposit rather than everyday spending.  

Estate – All the assets, minus the value of any debts or liabilities. 

Executor – A person who deals with the wishes expressed in a Will (collecting assets, paying any debts, and distributing the remainder of the estate in accordance with the terms of the Will following the date of death.) There can be up to four executors, and they can be a solicitor, trust company, bank, charity or a friend or family member. 

Inheritance Tax (IHT) – A tax set by the government which may be payable on death depending on the value of the estate and intended beneficiaries. 

Intestate – To have died without having made a Will or without a valid Will. 

Legacy – A gift in the Will.  

Legator – Someone who has left a gift in their Will. 

Liabilities – Financial obligations (such as debts or tax bills) which may need to be settled by the estate after death. 

Life interest trust – A type of gift which can be made in a Will, giving named beneficiaries the right to benefit from the gift during their lifetimes, either by allowing them use of an asset (e.g. occupation of a house) or by receiving the incomes from (e.g. rent from a house, or income from an investment fund).  

Mirror Will – This is when a husband, wife or partner make almost identical Wills. 

Pecuniary legacy – A gift of a fixed sum of money. 

Probate – Probate is the legal process during which a Will is proven in a court and accepted as a valid public document that is the trust last testament of the deceased. 

Residue – Everything that is left in the estate after all the liabilities, tax, costs, pecuniary and specific legacies have been paid. 

Residuary legacy – A share, or sometimes all, of an estate after all the other payments have been made. 

Specific legacy – A gift of a particular item, such as property, antique, jewellery and shares. 

Testator/Testatrix – The person who has made the Will. 

Trustee – If the Will sets up a trust (for example a life interest trust), the trustees are the people or organisations named in the Will, to manage this trust according to its terms. 

Will – A legal document by which a person states what they want to happen with their estate following their death.