New Fundraising Regulator Code 2025
Engaging Early and Leading by Example
Capacity began engaging with the new Code from the draft stage, attending regulator briefings and contributing to the consultation process. This early involvement allowed the organisation to review and refine its internal policies, public-facing materials, and contractual frameworks well ahead of the implementation deadline.
Since the inception of Free Wills Month and the Network, Capacity has always held itself to a higher standard than external regulators, especially in safeguarding vulnerable individuals and ensuring the independence of its solicitor partners.
Key Changes in Practice
In response to the Code, and in particular to Section 14, which clarifies expectations around Will-writing partnerships, Capacity has implemented several important updates:
Contractual Clarity: Agreements with both charities and solicitors have been revised to clearly define the relationship structure. It is now explicitly stated that the contractual relationship lies between Capacity and the solicitors, with transparent payment arrangements to avoid ambiguity over liability.
Expanded Choice for Supporters: While the Code requires fundraisers to offer a choice of at least two Will-writing providers, Capacity has gone further. Supporters can now choose from up to 12 solicitors, six offering in-person appointments and six providing remote services, ensuring accessibility and flexibility.
Enhanced Complaints Procedure: The complaints policy has been rewritten to provide greater clarity on Capacity’s role in dispute resolution and the remedies available to service users. The updated policy is publicly available at https://www.capacitymarketing.com/complaints/.
Ethical Foundations and B Corp Certification
Capacity has long upheld ethical standards that are now formally recognised in the 2025 Fundraising Code. These include ensuring that the inclusion of a charitable gift is never a condition for receiving a free Will, avoiding referral fees or any practices that could compromise solicitor independence, and providing clear, accessible terms to both supporters and legal partners.
These principles are not new to Capacity, they are part of a broader commitment to transparency, accountability, and social impact. The organisation is not only registered with the Fundraising Regulator but is also a Living Wage Employer, a Mindful Employer, and, most recently, a Certified B Corporation™. These credentials reflect its dedication to ethical fundraising and conscientious corporate citizenship.
Looking Ahead
The new Fundraising Code will continue to serve as a touchstone for future changes and decisions made across Capacity and its offerings. While all necessary updates have already been implemented, the Code remains central to how the organisation evaluates and evolves its services, ensuring ongoing alignment with best practice and public trust.