Charitable legacy giving is rising considerably, and public trust in charities appears to be at very healthy levels. However, recent research suggests many charities are suffering financially because of the probate delays – even though delays are shortening.

The singular problem for many charities named in wills as a beneficiary is the fact that they are unlikely to receive their legacy until inheritance tax is paid; the grant of probate issued; the assets called in and funds available for distribution.

Delays at the probate courts over recent years has meant many charities have had to wait a long time to receive funds from deceased estates. But while waiting times are more manageable, there are many charities feeling a level of pain.

According to leading UK wealth management group Rathbones, 87% of charities say they are still being affected by the long-standing delays; with more than half (57%) being forced to sell property and other vital assets to fill the financial gaps.

Rathbones surveyed 100 charity and charity finance directors in September 2025. More than one in ten said they had been “very badly affected” by the probate delays. Rathbones also found that:

14% of each charity’s annual income is still currently being held up by probate issues (no change since a May 2024 study)
36% of charities said 15%-30% of their income was currently held up because of probate delays

Brighter future

While they are feeling a short to medium term financial hit, the evidence strongly suggests that charities can look forward to a healthier future. In 2024, there was a total of £4.5bn in charitable legacy giving across the UK - a figure expected to double by 2050.

The 2025 Legacy Futures/Smee & Ford Legacy Giving Report showed a 15% rise in annual legacy income between 2023 and 2024, coming from 145,000 bequests. Will-makers are, without doubt, increasingly charitable in their wills and this largely reflects the efforts by wills practitioners to actively raise with clients the possibility of leaving a charitable legacy.

Furthermore, public trust in charities is reportedly high. According to a summer 2025 Charity Commission report, public trust has reached its highest level since 2014 with charities being the second most trusted group in society.

Wills

Notwithstanding the financial impact of the probate delays on charities, practitioners can be reassured that they can confidently raise the issue of charitable legacies with their clients. Many will-makers may not have given charities a thought (we are not all, for example, animal lovers or have experienced cancer or lifeboat disasters!).

Importantly, charitable giving also mitigates any potential inheritance tax bill after death. It is vital to have careful and sensitive discussions with clients about the mutual benefits of leaving legacies to charities – a key source of funding for many charities.