Estate Planning

Estate, Trust and Capacity Law Breakfast Series

By Hull & Hull LLP

Hull & Hull LLP hosted its quarterly breakfast series on September 24, 2009.  Megan Connolly started off the day with a very informative talk on charitable gifts, with a focus on when a charitable beneficiary can not be identified or cannot be found. 

Megan reviewed ways in which the charitable gift may survive in these circumstances, which are touched upon below.

...                    When the charity is inaccurately described, but the description is sufficient to make it clear to which charity the gift was intended and the beneficiary is discoverable, the gift will not fail;  

...                    When the institution can still be identified, although its form might have changed (e.g. unification of churches), then the court will often be willing to give effect to the gift – a key consideration is whether the charity has maintained a 'continuing identity';

...                    When it is impossible or impracticable to carry out the gift (e.g. the named institution ceased to exist during the testator's lifetime) an application for the advice direction of the court can be brought on the basis of the cy-près doctrine; and

...                    Section 13 of the Charities Accounting Act provides a mechanism for obtaining a cy-près order without having to commence a formal court proceeding when the consent is obtained of the Public Guardian and Trustee and everyone else required to be served with such an application.

An interesting panel discussion also took place between Ian Hull and Suzana Popovic-Montag on undue influence, which is seen to be the most difficult ground upon which to successfully challenge a Will.

If you would like to receive a copy of the papers on these topics please contact us.

Have a great day,           

Natalia Angelini

Natalia Angelini - Click here for more information on Natalia Angelini.

Full post as published by Toronto Estate Law Blog on September 29, 2009 (boomark / email).