In the course of commenting on common audit issues for trusts, CRA stated:
Compliance issues are often encountered [respecting]…gifts by will. … 2012-047216117 dealt with the issue of whether the executors of an estate were empowered to make a gift to charities, and thus claim a deduction pursuant to subsection 118.1(3) in computing the tax payable by the estate. Based on the terms of the will in the particular case, it was our view that the executors did not have the power to make such a gift.