Cy pres doctrine
From Freepedia
(Redirected from Cy pres)
Part of the common law series
|
|---|
| Inheritance |
| Intestacy · Testator · Probate |
| Power of appointment |
| Simultaneous death · Slayer rule |
| Disclaimer of interest |
| Types of will |
| Holographic will · Will contract |
| Living will |
| Joint wills and mutual wills |
| Parts of a will |
| Codicil · Attestation clause |
| Incorporation by reference |
| Residuary clause |
| Problems of property disposition |
| Lapse and anti-lapse |
| Ademption · Abatement |
| Acts of independent significance |
| Elective share · Pretermitted heir |
| Contesting a will |
| Testamentary capacity · Undue influence |
| Types of Trusts |
| Express trust · Asset-protection trust |
| Protective trust · Spendthrift trust |
| Charitable trust · Honorary trust |
| Resulting trust · Constructive trust |
| Special Needs trust |
| Doctrines governing trusts |
| Pour-over will · Cy pres doctrine |
| Other areas of the common law |
| Contract law · Tort law · Property law |
| Criminal law · Evidence |
| view /edit this template |
The cy pres doctrine (pronounced as see-pray) is doctrine of the Court of equity. It allows the Court to settle a trust as near (Cy-prés) as possible to the original intention of the testator, where the original intended purpose is impossible, impracticable or illegal. This prevents the trust from failing.
In the United States, this doctrine is restricted to instances where property has been placed in trust for a charitable purpose, but the specified charity can not use the property. The court may then redirect the property in trust to a similar charity.
Source, Dal Pont, Chalmers "Equity and Trusts in Australia", 3rd Ed, Lawbook Co. 2004 ISBN 0455219249
