| Commentary

176 Initial impracticability

| Commentary

176 Initial impracticability

If the purpose of a gift (even though it is expressed in a charitable form), cannot be carried out, or is for any reason impracticable or unworkable, the gift prima facie lapses. This situation is more likely to arise where the money or property given is insufficient or unsuitable for the purpose than where there is a surplus1. The time for determining whether there has been an initial failure is the date on which the will took effect, even if the gift was subject to a life or other prior interest which is capable of enduring for

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