rule of cy pres
Noun: A legal doctrine applied by courts when the literal terms of a will, trust, or charitable gift cannot be fulfilled exactly. It allows the court to modify the terms to carry out the donor's or testator's general charitable intention as closely as possible to the original purpose.
This term is used in legal contexts, specifically in the administration of estates and charitable trusts. It is invoked when an unforeseen circumstance makes it impossible, impracticable, or illegal to follow the original instructions precisely.
- The charity's original purpose became obsolete, so the court applied the rule of cy pres to redirect the funds to a similar modern cause.
- Under the rule of cy pres, the bequest to the now-defunct hospital was modified to benefit medical research at the university.
- The judge's ruling was based on the rule of cy pres, ensuring the donor's philanthropic vision was still honored.
- The phrase is often used in its full form, "cy pres doctrine".
- It is a principle of equitable approximation, meaning the court seeks the nearest possible alternative to fulfill the intent.
- Commonly appears in discussions of perpetual charitable trusts where social conditions change over long periods.
- Cy pres doctrine: The full name of the legal principle.
- Equitable approximation: A descriptive phrase for the same concept.
- Deviation, doctrine of: A related but distinct legal principle for amending trust administrative terms, not its charitable purpose.
- Doctrine of equitable approximation
- Cy pres doctrine
The term "cy pres" is derived from the Anglo-Norman phrase "cy près comme possible," meaning "as near as possible." The rule balances respect for the donor's specific instructions with the practical need to achieve their broader charitable goal when those specific instructions fail. It is not used for private, non-charitable trusts.
- a rule that when literal compliance is impossible the intention of a donor or testator should be carried out as nearly as possible