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What happens to a bequest left to a charity in a will if the charity has since lost its registration?

TSL Written by the Treadstone Law team· Updated August 2026

What happens depends heavily on how the gift was worded and what actually happened to the organization. If the will names a specific charity that has since dissolved, merged into another organization, or lost its CRA registration, the gift does not automatically fail — Ontario courts have long applied a doctrine, sometimes called cy-près, that allows a gift intended for a charitable purpose to be redirected to a similar organization carrying on comparable work, where the will's wording supports treating the gift as one for a purpose rather than strictly for that one legal entity.

Whether that doctrine applies, and how smoothly, depends on details: a gift phrased as being for a described charitable purpose is more flexible than one that names only a specific corporation with no other wording to fall back on. If the named organization simply changed its legal name or continued into a successor entity, the estate trustee may be able to resolve this more simply by confirming the successor's status, without a court application.

An estate trustee facing this situation should not assume the gift lapses, but should also not simply redirect it based on their own judgment — getting advice, and in some cases a court's direction, protects the trustee and ensures the gift is properly honoured.

Key takeaways

  • A bequest to a charity that lost its registration doesn't automatically fail.
  • Courts can redirect a purpose-based charitable gift to a similar organization under the cy-près doctrine.
  • How the gift was worded in the will affects how flexibly it can be redirected.
  • Estate trustees should get advice, and sometimes a court's direction, before redirecting the gift themselves.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone corporate lawyer can help.
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