Cy-près application to vary a charitable gift
A court application to change the purposes of a charitable gift that can no longer be carried out as written.
What is included
- Reviews or drafts gift, endowment and donor-advised fund agreements
- Checks receipts against CRA's receipting and split-receipting rules
- Drafts gift acceptance policies
- Reviews contracts with professional fundraisers
- Brings a court application to vary a gift's terms where the original purpose can no longer be carried out
What is not included
- Government filing fees and other disbursements
- Bookkeeping, audit or accounting services
- Court applications or appeals not covered by the lawyer's written retainer
- Advice on foreign law for activities outside Canada
Who this service is for
- Charities receiving major gifts or bequests
- Donors setting up an endowment or donor-advised fund
- Organizations hiring professional fundraisers
Information to have ready
- 1Draft gift agreements or donor letters
- 2Sample receipts and your receipting policy
- 3Fundraising contracts
- 4The will or gift terms, for a request to vary a gift
How a referral works
- 1Tell us in a few words what the matter is about, and who else is involved, so we can check for a conflict of interest.
- 2We recommend an Ontario lawyer for your matter, and at least one other you could choose instead.
- 3The lawyer runs their own conflict check, confirms the scope and quotes the fee, normally in a written retainer agreement.
- 4You pay the lawyer's fee to the lawyer. Any referral fee comes out of it, is disclosed to you in writing, and never increases what you pay.
NEO Legal Services Professional Corporation is a licensed paralegal firm, not a law firm. Every step of a referral, and your rights
Frequently asked questions
What does the lawyer charge?
Lawyers usually charge $400–$750/hr for this kind of work, by the hour. The lawyer quotes the actual rate and an estimate. You pay the lawyer directly; the referral itself costs you nothing.
What is split receipting?
When a donor receives something back for a gift, such as a dinner at a fundraiser, the official receipt usually can only be issued for the amount above the value of what the donor received.
Can a charity change how a restricted gift is used?
Sometimes, with the donor's agreement or, where that is not possible, with court approval or another process the law allows. The lawyer can advise which route applies.
General information only, not legal advice. NEO Legal Services Professional Corporation is a licensed paralegal firm regulated by the Law Society of Ontario.
Important limitations
- No outcome can be guaranteed, including CRA registration or approval
- CRA and government processing times are outside the lawyer's control
- The board remains responsible for the organization's decisions and filings
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