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doctrine of cypres

Avatar 37a3bd7bc7328f0ead2c0f6f635dddf60615e676e6b4ddf964144012e529de45 Uma asked over 2 years ago

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Avatar 37a3bd7bc7328f0ead2c0f6f635dddf60615e676e6b4ddf964144012e529de45 Pankaj answered over 2 years ago

Cy pres: To apply the trust funds in a manner “as nearly like” as possible to the settlor’s original charitable purpose. Given the perpetual nature of charitable trusts, occasionally the trust outlives or outgrows the particular charitable purpose for which it was created. In those instances, the court will step in to modify the trust under the cy pres doctrine. Under cy pres, the court will apply the funds in a manner “as nearly like” as possible to the settlor’s original charitable purpose so the funds are still productive. To invoke cy pres, the court must find the following: (1) Designated purpose fulfilled or frustrated: The charitable purpose chosen by the settlor must either be fully accomplished before the funds were exhausted or have become illegal, impossible or at least impracticable to carry out. It is not enough that a better purpose for the funds has developed over the years. (2) Settlor had “general” (and not restricted) charitable intent: It must appear that the settlor had a “general charitable intention” (i.e., it must not appear that the settlor intended to limit her gift to a specific charity, absolutely and without regard to changed circumstances). Rather, the intent must have been to give the gift for a particular charitable purpose.

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Avatar 37a3bd7bc7328f0ead2c0f6f635dddf60615e676e6b4ddf964144012e529de45 narahari answered over 2 years ago

To apply the trust funds in a manner “as nearly like” as possible to the settlor’s original charitable purpose. Given the perpetual nature of charitable trusts, occasionally the trust outlives or outgrows the particular charitable purpose for which it was created. In those instances, the court will step in to modify the trust under the cy pres doctrine. Under cy pres, the court will apply the funds in a manner “as nearly like” as possible to the settlor’s original charitable purpose so the funds are still productive. To invoke cy pres, the court must find the following: (1) Designated purpose fulfilled or frustrated: The charitable purpose chosen by the settlor must either be fully accomplished before the funds were exhausted or have become illegal, impossible or at least impracticable to carry out. It is not enough that a better purpose for the funds has developed over the years. (2) Settlor had “general” (and not restricted) charitable intent: It must appear that the settlor had a “general charitable intention” (i.e., it must not appear that the settlor intended to limit her gift to a specific charity, absolutely and without regard to changed circumstances). Rather, the intent must have been to give the gift for a particular charitable purpose.

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Avatar 37a3bd7bc7328f0ead2c0f6f635dddf60615e676e6b4ddf964144012e529de45 CA Sandeep Bohra answered over 2 years ago

Dear Friend, Cy pres: To apply the trust funds in a manner “as nearly like” as possible to the settlor’s original charitable purpose. Given the perpetual nature of charitable trusts, occasionally the trust outlives or outgrows the particular charitable purpose for which it was created. In those instances, the court will step in to modify the trust under the cy pres doctrine. Under cy pres, the court will apply the funds in a manner “as nearly like” as possible to the settlor’s original charitable purpose so the funds are still productive. To invoke cy pres, the court must find the following: **(1) Designated purpose fulfilled or frustrated:** The charitable purpose chosen by the settlor must either be fully accomplished before the funds were exhausted or have become illegal, impossible or at least impracticable to carry out. It is not enough that a better purpose for the funds has developed over the years. **(2) Settlor had “general” (and not restricted) charitable intent:** It must appear that the settlor had a “general charitable intention” (i.e., it must not appear that the settlor intended to limit her gift to a specific charity, absolutely and without regard to changed circumstances). Rather, the intent must have been to give the gift for a particular charitable purpose. The result of a positive finding on these two issues is that the funds will be applied to some charitable purpose that is as similar to the settlor’s original intention as is practical. If either factor is not present, the property reverts, by resulting trust, to the settlor or the settlor’s successors in interest. In addition, if the gift fails under the Rule Against Perpetuities, a resulting trust would also be the outcome. Regards,

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Avatar 37a3bd7bc7328f0ead2c0f6f635dddf60615e676e6b4ddf964144012e529de45 veeru answered over 2 years ago

(1) Designated purpose fulfilled or frustrated: The charitable purpose chosen by the settlor must either be fully accomplished before the funds were exhausted or have become illegal, impossible or at least impracticable to carry out. It is not enough that a better purpose for the funds has developed over the years. (2) Settlor had “general” (and not restricted) charitable intent: It must appear that the settlor had a “general charitable intention” (i.e., it must not appear that the settlor intended to limit her gift to a specific charity, absolutely and without regard to changed circumstances). Rather, the intent must have been to give the gift for a particular charitable purpose.

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Avatar 37a3bd7bc7328f0ead2c0f6f635dddf60615e676e6b4ddf964144012e529de45 lochan answered over 2 years ago

**DOCTRINE OF CYPRES** Cypres means as near as possible Where the object of the charitable trust,specified by the settler is or subsequently becomes impossible or impractical or unlawful the trust will not necessarily fail,but the court has power to apply the trust to some other charitable object as nearly as possible resembling the intention of the author. the power of the court is known as doctrine of cypres. Thanks

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Open uri20170510 32134 tcchcu?1494421832 Jitendra Suthar answered over 2 years ago

Hiiii friend.... **Cy pres:** To apply the trust funds in a manner “as nearly like” as possible to the settlor’s original charitable purpose. Given the perpetual nature of charitable trusts, occasionally the trust outlives or outgrows the particular charitable purpose for which it was created. In those instances, the court will step in to modify the trust under the cy pres doctrine. Under cy pres, the court will apply the funds in a manner “as nearly like” as possible to the settlor’s original charitable purpose so the funds are still productive. To invoke cy pres, the court must find the following: **(1) Designated purpose fulfilled or frustrated:** The charitable purpose chosen by the settlor must either be fully accomplished before the funds were exhausted or have become illegal, impossible or at least impracticable to carry out. It is not enough that a better purpose for the funds has developed over the years. **(2) Settlor had “general” (and not restricted)** charitable intent: It must appear that the settlor had a “general charitable intention” (i.e., it must not appear that the settlor intended to limit her gift to a specific charity, absolutely and without regard to changed circumstances). Rather, the intent must have been to give the gift for a particular charitable purpose. The result of a positive finding on these two issues is that the funds will be applied to some charitable purpose that is as similar to the settlor’s original intention as is practical. If either factor is not present, the property reverts, by resulting trust, to the settlor or the settlor’s successors in interest. In addition, if the gift fails under the Rule Against Perpetuities, a resulting trust would also be the outcome. **Regards,**

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Open uri20170510 32134 1nqu8aj?1494421649 sowmya answered over 2 years ago

Dear Uma, DEFINITION of 'Cy Pres Doctrine' Cy Pres represents a legal concept that gives courts the power to interpret the terms of a will or gift. This is done if the terms of the document cannot be carried out or legitimately, interpreted literally or performed legally. Cy Pres Doctrine provides the court with flexibility to interpret the perceived intent of the donor or testator, and implement its wishes. INVESTOPEDIA EXPLAINS 'Cy Pres Doctrine' An old French phrase, "cy pres comme possible," means, "as near as possible." Cy pres allows the wishes of donors or testators to be carried out in many cases. If it were not for this power, there would be instances in which the phrasing in the document would make it null and void legally, and thus impossible to implement. Regards,

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