Contradiction in the Law of Charitable Lapse
Picton, J. (2015). Contradiction in the Law of Charitable Lapse. Conveyancer and Property Lawyer, 6, 480-488.
14 Pages Posted: 18 Oct 2017
Date Written: January 1, 2015
Gifts by will inevitably carry an element of risk. Circumstances change, and so any gift to a charitable organisation is made on an assumption that it will still exist at the testator’s death. This uncertainty has given rise to a branch of equitable jurisprudence. In a persistent series of cases, courts have had to decide what to do with gifts to organisations that have ceased to exist.
Keywords: succession law, charity law, charitable lapse, cy-pres, non-profits
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