What is the current state of the law on an immediate gift to a charity under a will?

Saskatchewan, Canada


The following excerpt is from Schjaastad Estate, In re, 1919 CanLII 114 (SK CA):

In In re Stratheden, Alt v. Stratheden [1894] 3 Ch. 265, 63 L.J. Ch. 872, Romer, J., states the law to be as set forth above in Chamberlayne v. Brockett, and in In re Swain, Monckton v. Hands [1905] 1 Ch. 669, at p. 675, 74 L.J. Ch: 354, Stirling, L.J. says as follows: The law on this subject is laid down in Chamberlayne v. Brockett [supra] and it is to the following effect. An immediate gift to a charity is valid, although the particular application of the fund directed by the will may not of necessity take effect within any assignable limit of time, or may never take effect at all, except on the occurrence of events in their essence contingent and uncertain; while, on the other hand, a gift in trust for a charity which is conditional upon a future and uncertain event is subject to the same rules as any other estate depending on its coming into existence upon a condition precedent.

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