Charities Act 2022: When Charities “Give Back” Inheritance

As of 27 November 2025, the final provisions of the Charities Act 2022 are officially in force. For families facing disinheritance due to a technical error in a Will, this is a revolutionary shift. Previously, if a charity wanted to “do the right thing” and return a legacy to a struggling relative, they needed expensive, time-consuming permission from the Charity Commission. In 2025, charity trustees have a new statutory power to make “ex-gratia” payments independently, provided a moral obligation exists.

The “Moral Obligation” Revolution

In the world of contentious probate, we often see cases where a deceased person clearly intended to leave money to a loved one but failed to update their Will before passing. If that Will leaves the entire estate to a charity, the charity is legally bound to keep the money, even if they want to give it back.

Historically, the only way to fix this was an application under the old Section 106 of the Charities Act 2011. This was a “nuclear” legal move that was rarely worth it for smaller legacies. The November 2025 update (specifically Section 15 of the 2022 Act) changes the game. It codifies the power of “Moral Rejection.”

The 2025 Financial Thresholds

Under the new rules, the amount a charity can return without seeking government approval depends on their gross income.

How to “Win” a Moral Claim in 2025

Charities are businesses, and their trustees are legally terrified of “mismanaging” funds. To get them to give back an inheritance, you must prove that it would be morally wrong for the charity to keep it.

1. The Paper Trail: Show a draft Will that was never signed because the deceased fell ill.
2. The Deterioration Evidence: Provide medical records showing a sudden decline in health that prevented a Will update.
3. The “Reputational Risk” Angle: Politely remind the charity that fighting a grieving family over a “technicality” is a PR disaster. In 2025, social media pressure is a valid factor in a charity’s “risk assessment” for ex-gratia payments

Let’s Do This Together

Contesting a will could become an overwhelming experience if not accompanied by expert guidance and support. Our mission is to provide you with all the needed information, support, and authority to get through this journey, with only one goal in mind: Fairness.

To our team, this process is not about winning; it’s about claiming what was yours from the beginning.

Read our guide on how to cope with the emotional toll of contesting a will: The Emotional Toll of Contesting a Will and How to Cope: Legal Grounds and When Not to Contest a Will

Get your free, no-obligation case assessment. Call 08002980029 or visit contestawilltoday.com

FAQs

1. What if the amount I’m claiming is more than £20,000?

The charity can still return it, but they must still apply to the Charity Commission for formal authority. The 2025 rules simply make “small” claims (under £20k) much faster.

2. Can the charity refuse even if I have proof?

Yes. It is a “discretionary” power, not a right. However, if they refuse unreasonably, you may still have a claim under the Inheritance Act 1975, which is a legal (not moral) claim.

3. Does this apply to national museums?

No. The 2025 Commencement Regulations specifically excluded national museums (like the British Museum) from these “self-authorize” powers regarding their collections to prevent the unauthorized return of cultural artifacts.