Cy-Pres Doctrine

Cy-Pres Doctrine in United Kingdom

Definition of Cy-Pres Doctrine

In accordance with the work A Dictionary of Law, this is a description of Cy-Pres Doctrine : (French: cy, here; pres, near)

A doctrine that in some circumstances enables a gift to charity that would otherwise fail to be diverted to another related charitable purpose. If, for example, the purpose for which a charitable gift is made cannot be achieved in exactly the way intended, or if the funds available are more than sufficient to achieve the purpose, the court or the Charity Commissioners may make a scheme for the funds to be applied to a charitable purpose as close as possible to the original one. If the gift fails after it has come into effect, cy-pres will operate automatically. If a gift fails at its inception, the application of the doctrine will depend on a court’s perception of the settlor’s intention; to apply the funds of cy-pres, a general charitable intention must be found.


Posted

in

,

by

Tags:

Comments

Leave a Reply

Your email address will not be published. Required fields are marked *