Acts and Regulations

2015, c.21 - Trustees Act

Section 69
Disposition versions

Full text
Power of court to vary charitable trusts and charitable gifts
69(1)References in this section to charitable gifts include charitable gifts given before this Act comes into force.
69(2)On an application by the trustees of a charitable trust or by the donor or the personal representatives of the donor of a charitable gift, the court may vary the terms of the trust or gift in accordance with subsection (3) if the court is of the opinion that
(a) an impracticability, impossibility or other difficulty hinders or prevents giving effect to the terms of the trust or gift, or
(b) a variation of the trust or gift would facilitate the carrying out of the intention of the settlor or donor.
69(3)In an order under subsection (2), the court may
(a) vary, delete or add to the terms of the trust or gift,
(b) vary, delete or add to the powers of the trustees in relation to the administration of the trust, and
(c) vary, delete or add to the powers of the donee in relation to the management or administration of the gift.
69(4)If the court makes a finding under paragraph (2)(a), the court may vary, delete or add to the terms of the trust or gift to provide for a purpose that is as close as is practicable or reasonable to an existing purpose of the trust or gift.
69(5)For the purposes of a variation under subsection (2), it is irrelevant whether the charitable intent of the settlor or donor was general or specific, except that, if the terms of the trust or gift expressly provide for a gift over or a reversion in the event of the lapse or other failure of a charitable purpose, the gift over or reversion, if otherwise valid, takes effect.
Power of court to vary charitable trusts and charitable gifts
69(1)References in this section to charitable gifts include charitable gifts given before this Act comes into force.
69(2)On an application by the trustees of a charitable trust or by the donor or the personal representatives of the donor of a charitable gift, the court may vary the terms of the trust or gift in accordance with subsection (3) if the court is of the opinion that
(a) an impracticability, impossibility or other difficulty hinders or prevents giving effect to the terms of the trust or gift, or
(b) a variation of the trust or gift would facilitate the carrying out of the intention of the settlor or donor.
69(3)In an order under subsection (2), the court may
(a) vary, delete or add to the terms of the trust or gift,
(b) vary, delete or add to the powers of the trustees in relation to the administration of the trust, and
(c) vary, delete or add to the powers of the donee in relation to the management or administration of the gift.
69(4)If the court makes a finding under paragraph (2)(a), the court may vary, delete or add to the terms of the trust or gift to provide for a purpose that is as close as is practicable or reasonable to an existing purpose of the trust or gift.
69(5)For the purposes of a variation under subsection (2), it is irrelevant whether the charitable intent of the settlor or donor was general or specific, except that, if the terms of the trust or gift expressly provide for a gift over or a reversion in the event of the lapse or other failure of a charitable purpose, the gift over or reversion, if otherwise valid, takes effect.