| Commentary

155 General

| Commentary

D: GIFTS FOR SPECIFIC CHARITABLE PURPOSES

155 General

It is possible, and by no means unusual, to make a testamentary gift for a charitable purpose, rather than to an existing institution. Indeed, some gifts to unincorporated (and on rare occasions to incorporated) institutions which, owing to the closure or non-existence of the institution specified must fail as such, are validated by an interpretation which identifies the testator’s intention as the furtherance of the charitable purpose for which the institution was established1. In such a case, the gift itself creates an express or implied trust, and the principles relating to the creation

To continue reading
View the latest version of this document, as well as thousands of others like it, sign in to LexisLibrary or register for a free trial