Legal Definitions - cy pres

Cy pres is a legal doctrine that allows a court to modify the terms of a charitable gift or trust when the donor's original charitable purpose becomes impossible, impractical, or illegal to fulfill.

The phrase cy pres comes from Law French and means "as near as possible." The court's goal is to ensure the charitable gift does not fail entirely. Instead, it is redirected to an alternative charitable purpose that aligns as closely as possible with the donor's original general intent, preserving the spirit of the donation.

This doctrine is also sometimes applied in class action lawsuits to distribute leftover settlement funds to a charity whose mission aligns with the interests of the class members.

Here are some examples of how cy pres might be applied:

• Example 1: Obsolete Purpose

  A wealthy benefactor establishes a trust in their will in 1960, dedicating funds to "support the local society for the advancement of telegraphy and Morse code education." By 2020, telegraphy is entirely obsolete, and the society no longer exists.

  How cy pres applies: A court, applying the cy pres doctrine, would determine that the donor's general intent was to support communication technology education. The court might then redirect the trust funds to a local university's computer science department to support research into modern communication technologies or to fund scholarships for students studying digital communication.

• Example 2: Defunct Organization

  A will leaves a substantial sum to "The Happy Paws Animal Shelter," a specific local organization known for rescuing and rehoming stray cats and dogs. However, by the time the will is probated, The Happy Paws Animal Shelter has closed permanently due to financial difficulties.

  How cy pres applies: To prevent the charitable gift from failing, a court would use cy pres. It would identify another reputable animal welfare organization in the same community, such as "Pets' Haven Rescue," which has a similar mission of rescuing and rehoming stray animals. The funds would then be directed to Pets' Haven Rescue, fulfilling the donor's general charitable intent to support animal welfare.

• Example 3: Impractical Condition

  A donor leaves a large sum of money to a small rural town with the specific instruction that it must be used to build a new, elaborate public library designed by a famous architect, even though the town already has a modern, well-equipped library and lacks the space and ongoing funds to maintain a second one.

  How cy pres applies: A court might find the specific instruction to build a *new* library impractical given the town's existing resources and needs. Applying cy pres, the court could allow the funds to be used instead for a significant expansion and modernization of the *existing* library, or to establish a permanent endowment for its book acquisition and educational programs, thereby fulfilling the donor's general intent to support public literacy and education in the town.