Best Business Lawyers in North Vancouver, BC

When a Charitable Bequest in a Will Goes Wrong It is fairly common for will-makers (testators) to make bequests to charities in their wills. Such gifts can be a specified sum of money, an identified asset or a portion of the estate. Where there are ambiguities in the language of the will, or the intentions of the testator are otherwise uncertain, will disputes are likely to arise, even in a charity context. A will which is unclear increases the likelihood of a party being able to claim that they are entitled under the will or that the will is void for uncertainty. An example of a charity clause challenge comes from the recent decision of the Supreme Court of British Columbia in Royal Trust Corporation of Canada v The Welfare Institution of the Jews of Athens. In this case, a charity claimed to be entitled to money held in a trust created by a will. It highlights the importance of receiving advice from experienced estate litigators when an unclear will threatens your or your organization’s interests.