Define: Cy Pres Doctrine

Cy Pres Doctrine
Cy Pres Doctrine
Quick Summary of Cy Pres Doctrine

The Cy Pres Doctrine, derived from the French term “cy près comme possible,” meaning “as near as possible,” is a legal principle used primarily in the context of charitable trusts and class action lawsuits. It allows courts to modify the terms of a trust or the distribution of funds in a class action settlement when it becomes impracticable or impossible to carry out the original intent of the trustor or parties due to changed circumstances. Under this doctrine, courts can redirect trust assets or settlement funds to alternative charitable purposes or beneficiaries that are as close as possible to the original intent, ensuring that the trust’s or settlement’s objectives are still fulfiled effectively.

What is the dictionary definition of Cy Pres Doctrine?
Dictionary Definition of Cy Pres Doctrine
n. (see-pray doctrine) from French, meaning "as close as possible." When a gift is made by will or trust (usually for charitable or educational purposes), and the named recipient of the gift does not exist, has dissolved or no longer conducts the activity for which the gift is made, then the estate or trustee must make the gift to an organisation which comes closest to fulfilling the purpose of the gift. Sometimes this results in heated court disputes in which a judge must determine the appropriate substitute to receive the gift. Example: dozens of local Societies for Protection of Cruelty to Animals contested for a gift which was made without designating which chapter would receive the benefits. The judge wisely divided up the money among several S.P.C.A. chapters.
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This glossary post was last updated: 29th March 2024.

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