Cy Pres Doctrine

See also

(French for “as near as. “) An ancient doctrine applicable to the… (Read more)

English Legal System: Cy-Pres Doctrine

In the context of the English law, A Dictionary of Law provides the following legal concept 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.