Is a bequest for religious purposes void for uncertainty?

A bequest for religious purposes is prima facie a bequest for charitable purposes and is not void for uncertainty. It must be so treated unless the testator’s intention to the contrary is clearly shown. Vide: In re McClellan’s Will; Robinson v. McClellan (1918) 46 NBR 161.

In Phelps v. Lord (1895) 25 OR 259, a testator devised by his will to certain named persons who were appointed the executors and trustees thereof, the remainder of his estate to be used to further “the cause of our Lord Jesus Christ.” It was herein held that the legacy was not void for indefiniteness.

In Whicker v. Hume (1851) 14 Beav 509, 51 ER 381, a gift to trustees to apply in such manner as they in their uncontrolled authority should think proper “for the benefit, advancement and propagation of learning in every part of the world as far as circumstances will permit” was held a good charitable bequest.