cy pres doctrine

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cy pres doctrine

A judge applies the cy pres doctrine to redirect a charitable trust.

Definition

Noun: A legal principle applied by courts when the exact instructions of a will, trust, or charitable gift cannot be fulfilled. The doctrine allows the court to modify the terms so that the donor's or testator's general charitable intent is carried out as closely as possible to the original purpose.

Usage

The cy pres doctrine is invoked to prevent a charitable gift from failing. It is used when the original purpose of a gift becomes impossible, impracticable, or illegal to perform. The court will apply the doctrine to redirect the funds to a purpose that is "as near as possible" (the meaning of the Old French term cy près) to the donor's intent.

Examples
  • In a court ruling:
  • In legal discussion:
Advanced Usage
  • Cy Pres Settlement: In class-action lawsuits, the cy pres doctrine is sometimes adapted to distribute unclaimed settlement funds to nonprofit organizations whose work indirectly benefits the class members or relates to the subject of the lawsuit.
  • Cy Pres Power: The authority granted to a trustee or a court under the terms of a charitable trust to modify its purposes if circumstances change, often explicitly referenced in the trust document itself.
Variants and Related Words
  • Cy Pres (noun/adverb): Often used as a shortened form of the full term "cy pres doctrine." As an adverb, it describes the manner of applying the principle (e.g., "The funds were distributed cy pres").
  • Doctrine of Cy Pres: A synonymous, more formal phrasing of the term.
Synonyms
  • Equitable Approximation: A synonym emphasizing the court's role in finding an equitable solution that approximates the original intent.
  • As-Near-As-Possible Rule: A descriptive synonym for the doctrine.
Related Legal Concepts
  • Deviation, Doctrine of: A related but distinct principle that allows a court to modify terms of a trust (how it is managed) rather than its .
  • General Charitable Intent: A prerequisite for applying the cy pres doctrine; the court must find that the donor had a broad charitable purpose, not just a specific, inflexible goal.
cy pres doctrine

A judge applies the cy pres doctrine to redirect a charitable trust.

Noun
  1. a rule that when literal compliance is impossible the intention of a donor or testator should be carried out as nearly as possible

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