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ARTICLE · 25 JUNE 2026

When Charitable Gifts Don't Go According To Plan

O'Sullivan Estate Lawyers LLP
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If you intend to make, or have already made, charitable gifts in your will, there is an interesting aspect of charitable giving that you may not have considered. What happens if the charity you named no longer exists, cannot receive the gift, or circumstances have changed such that your gift cannot be carried out as intended? In certain circumstances, the cy-près doctrine may preserve the gift and ensure that your charitable intentions are honoured.

CanadaFamily and Matrimonial
Namratha Sankar
Namratha Sankar
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If you intend to make, or have already made, charitable gifts in your will, there is an interesting aspect of charitable giving that you may not have considered. What happens if the charity you named no longer exists, cannot receive the gift, or circumstances have changed such that your gift cannot be carried out as intended? In certain circumstances, the cy-près doctrine may preserve the gift and ensure that your charitable intentions are honoured.

What Does Cy-Près Mean and What is the Cy-Près Doctrine?

Cy-près is short for the medieval French phrase cy-près comme possible, meaning "as near as possible." The doctrine enables the court to prevent the failure of certain charitable gifts and permits the property to be applied for another charitable purpose that most closely resembles the donor's original intention.

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