CPA · Wills and Succession Act
Part 3 — as if the testator had died intestate. (2) For the purposes of subsection (1)(a) to (d), the intended beneficiary is deemed to have predeceased the testator. (3) Despite subsection (1), no share of the property that is the subject of the dispos
35 Gift for charitable purpose
by outright gift, for a charitable purpose that is linked conjunctively
or disjunctively in the will with a non-charitable purpose, the trust
or gift
(a) is not rendered void only because the non-charitable
purpose is void for uncertainty or for some other reason, but
in that case the gift is effective only for the benefit of the
charitable purpose, and
(b) is effective for the benefit of both purposes if the
non-charitable purpose is not void, and must be divided
among the charitable and non-charitable purposes according
to the trustee's or executor's discretion unless the will
directs otherwise.