This is legal information only. For advice on your own circumstances, speak to a lawyer.
The gift may fail and fall into residue, unless the will names an alternate or the court applies a cy-près doctrine to redirect it to a similar purpose.
The Canadian position
Courts can redirect a charitable gift to a comparable purpose where the original is impossible, but the application costs money.
The Islamic position
Naming an alternate is simply prudent. The charitable intention is preserved either way.
Note
This is legal information only. For advice on your own circumstances, speak to a lawyer.
Citations & sources
Every factual claim on this page traces to a source below. Details change — check the original source before relying on any figure, fee or legal position. Anything under “further reading” is related material, not a source for what is stated here.
Canadian legislation & government
- Canadian Legal Information Institute — CanLII
- What to do when someone has died — Canada Revenue Agency
- Income Tax Act, RSC 1985, c 1 (5th Supp) — Justice Laws Canada
Further reading — Treadstone Law
- Charitable gift charity merged since will made ontario — Treadstone Law
- Court application guardian of property ontario — Treadstone Law
- Executor removing court application ontario — Treadstone Law
- Guardian of the person court application ontario — Treadstone Law
- Wills & estates practice — Treadstone Law