rule of cy pres

Friendly

Explanation of "Rule of Cy Pres"

Definition: The "rule of cy pres" is a legal term used mostly in the context of trusts and charitable donations. It means that if it is impossible to carry out the exact wishes of a donor (someone who gives money or property) or testator (someone who has made a will), the law allows for the intentions behind those wishes to be fulfilled as closely as possible.

Usage Instructions:

• Use "rule of cy pres" in contexts involving law, wills, trusts, or charitable donations.
• It is often used in discussions about how to handle gifts or funds when the original purpose can't be met.

Example:

Suppose a person leaves money in their will to create a park in a specific location that is no longer available. The "rule of cy pres" would allow the money to be used to create a park in a similar area instead, so that the donor's intention of providing a green space can still be honored.

Advanced Usage:

In more complex legal situations, the "rule of cy pres" can be applied to various types of charitable trusts and nonprofit organizations, allowing courts to modify the terms of the trust while still respecting the original intent of the donor.

Word Variants:

• Cy pres: This part of the term is derived from French, meaning "as near as possible." It can sometimes be used on its own in legal discussions.
• Donor: Someone who gives money or property, often for a charitable purpose.

Different Meanings:

In legal contexts, "cy pres" is specifically about the intention of the donor or testator. In general usage, "cy pres" may not be commonly known outside legal discussions.

Synonyms:

• Intentions of the donor
• Charitable intention
• Modification of terms

Idioms and Phrasal Verbs:

While there are no direct idioms or phrasal verbs specifically related to "rule of cy pres," you can use phrases like: - "Carry out someone's wishes" – to fulfill what someone wanted. - "As close as possible" – indicating that something should be done in a way that is very similar to the original plan.

Summary:

The "rule of cy pres" is a way to ensure that even if it’s not possible to follow a donor's or testator's wishes exactly, their intentions can still be honored in a practical way.

Academic

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

Synonyms

• cy pres
• cy pres doctrine