Getting charitable giving right: succession planning in an international world
As families become increasingly international, wills and estate planning are often no longer confined to a single jurisdiction, even when it comes down to support charitable causes abroad.
While charitable giving remains a powerful way to leave a lasting legacy, cross-border gifts require careful planning to avoid unintended tax and administrative consequences. In this briefing, associate Lu Alaimo explores the challenges and opportunities of charitable giving as part of succession planning in an increasingly international world.
The tax risks of overseas charitable gifts
One area that often benefits from specialist advice is charitable giving to non-UK organisations. At first glance, leaving a gift in an English Will to an overseas charity may appear straightforward. However, UK inheritance tax relief is only available in certain cases. Many non-UK charities do not automatically meet this test.
If a charity does not qualify, the gift may be subject to inheritance tax at up to 40%, significantly reducing the value of the legacy and potentially affecting the wider tax position of the estate. Executors may also be required to justify the charity’s status to HMRC, which can lead to delays, additional costs, and uncertainty during estate administration.
Practical challenges of cross-border legacies
There may also be practical challenges. Overseas gifts can be affected by local regulations, banking restrictions, currency fluctuations, or political and economic instability. Once assets are transferred directly, there is limited ability to adapt if circumstances change.
Donor advised funds as a flexible alternative
In many cases, Donor Advised Funds (DAFs) can offer a more secure and flexible alternative to leaving assets directly to overseas charities.
A Donor Advised Fund is a charitable vehicle established with a UK-based charitable organisation. Gifts to the fund qualify as charitable donations for UK tax purposes, but the funds can later be distributed to charities in the UK or overseas.
For clients with international charitable interests, DAFs offer several key advantages, such as certainty of tax treatment, flexibility for the future and simplified estate administration.
DAFs can be particularly valuable for clients with complex estates, cross-border assets, or long-term philanthropic goals. When combined with careful drafting and clear guidance, they offer a practical way to balance tax efficiency with meaningful charitable impact.
Taking a holistic approach to international estate planning
Every client’s circumstances are different. Charitable giving in a cross-border context should always be considered as part of a wider estate planning strategy, taking into account family needs, asset location, and long-term intentions.
Our private client team regularly advises on international estate planning and charitable giving. We work closely with clients to structure wills that provide certainty, flexibility, and peace of mind—while ensuring that charitable ambitions are achieved in a tax-efficient way.
If you are considering leaving assets to overseas charities, or would like to explore whether a Donor Advised Fund could support your long-term philanthropic goals, tailored advice can make all the difference.
About Lu
Lu Alaimo is an associate in the private client team. She has experience assisting families and individuals on a wide range of matters related to tax planning and succession, including the creation and management of trusts, the preparation of wills and lasting powers of attorney, as well as matters requiring general tax advice.
Get in touch
If you would like to speak with a member of the team you can contact our private client solicitors; Holborn office +44 (0)20 3826 7522; Kingston office +44 (0)20 3826 7529 or Putney office +44 (0)20 3826 7515 or complete our form.