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.
The four Sunni schools are not recorded as differing materially on this point in the sources reviewed. Where your own case turns on it, put it to a scholar of your school.
General information, not legal or religious advice. Inheritance depends entirely on the exact family circumstances. Confirm the Canadian position with a lawyer in your province and any religious ruling with a qualified scholar.
Citations & sources
Every factual claim on this page traces to one of the references below. Legislation and dollar thresholds change — verify against the primary source before relying on any figure.
- Research Papers — Cambridge Muslim College
- Research — Cambridge Muslim College
- Academics — Islamic law and theology curriculum — Zaytuna College
- Encyclopaedia of Islam — Brill
- 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
- How to wind up a trust in ontario — Treadstone Law
- Spousal trust second spouse death 21 year clock — Treadstone Law
- Trust or just a will ontario — Treadstone Law
- Estate trustee indemnity insurance vs bond ontario — Treadstone Law
- Estate trustee during litigation vs permanent trustee ontario — Treadstone Law
- Rebutting resulting trust presumption joint account ontario — Treadstone Law
- Wills & estates practice — Treadstone Law