Cy Pres: Charitable Trusts

If it becomes unlawful, impossible or impracticable to carry out the purpose of the designated charitable trust or becomes wasteful to apply all the property to the designated purpose, the trust will not fail but instead the court will direct the application of the property (or a portion of the property) to a charitable purpose that reasonably approximates the designated purpose. The cy pres doctrine means "as near as possible" - practically, this means that the court rewrites the charitable gift or trust so that it is no longer impossible or impracticable to carry out.
 

 

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