Written on behalf of Meridian Law Group
on November 1st, 2022
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 you or your organization’s interests.
Meridian Law Group helps clients involved in estate disputes to enforce their rights and move on with their lives. Whether the will contains a charitable bequest or not, the estate litigators at Meridian Law Group will take action to protect your interests and resolve the conflict as soon as possible. Whether it be through negotiation or litigation, we deliver results that exceed expectations allowing you to put the stress caused by the dispute behind you.
Meridian Law Group
