22:
501:
extremely small charitable trusts (where the charity has an income of less than £5,000 and holds no land) the trustees may agree by a two-thirds majority to transfer the property to another charity, without involving the High Court or
Commission. This is contained in Sections 74-5 of the 1993 Act. Once the decision is reached, public notice must be given, and the Commission informed. Cy-près powers are now enacted in the
492:(e) or where the original purposes, in whole or in part, have since they were laid down been adequately provided for by other means; or ceased, as being useless or harmful to the community or for other reasons, to be in law charitable; or ceased in any other way to provide a suitable and effective method of using the property available by virtue of the gift, regarding being had to the spirit of the gift.
434:(as close as possible), It was originally justified in an ecclesiastical way; charitable gifts were provided to secure entry into heaven, and if the charitable gift failed, this would not be guaranteed. If it was re-purposed, however, entry would be granted. The local bishop, therefore, would usually simply apply the gift to the nearest possible purpose to the
490:(d) or where the original purposes were laid down by reference to an area which then was but has ceased to be a unit for some other purpose, or by reference to a class of persons or to an area which has for any reason since ceased to be suitable, regard being had to the spirit of the gift, or to be practical in administering the gift;
550:
wrote that, "In all these cases one has to consider not so much the means to the end as the charitable end which is in view, and so long as the charitable end is well established the means are only machinery, and no alteration of the machinery can destroy the charitable trust for the benefit of which
530:
Cases of initial failure are where, rather than an established charitable trust failing, a gift has failed at the moment of its creation by having an invalid purpose. This raises different questions, as it is a matter of deciding "has the original charitable gift failed, and, if it has, can the money
513:
The cy-près doctrine applies to two types of situations: subsequent failures and initial failures. Subsequent failures are where money has already been applied to a charitable purpose, and that purpose has failed. It does not allow the next of kin of the original donor to recover any money, as said
500:
to replace "the spirit of the gift" with "the appropriate considerations," which are defined as "(on the one hand) the spirit of the gift concerned, and (on the other) the social and economic circumstances prevailing at the time of the proposed alteration of the original purposes". In the case of
397:
Trusts to which the doctrine is applicable are divided into two groups: those with subsequent failure, where the trust's purpose has failed after coming into operation, and initial failure, where the trust's purposes are immediately invalid. Subsequent failure cases simply require redirecting the
562:
made a distinction between gifts to incorporated bodies and gifts to unincorporated bodies. When a gift is to an unincorporated body, it must be treated, whatever the wording, as a gift to that body's purpose. This is because unincorporated bodies cannot possess things. If the body has ceased to
570:
Once it has been decided that the gift has failed, the courts consider whether the gift may be applied cy-près. The gift must show charitable intention; that the settlor intended not just a gift to a particular (failed) purpose or organisation, but a more general charitable intention. This is
451:
mentions a process that redirected money collected to celebrate a person's life in some way that violated law to a purpose within the law. It also gives a similar justification: "t would be unjust that the amount which has destined to that end should revert to the heirs. Therefore, let an
414:
The cy-près doctrine is the idea that, where a charitable trust's purposes are impossible or cannot be fulfilled for whatever reason, the funds should be reapplied to purposes as close as possible to the trust's original goals. This is done through a formal application by the
488:(c) where the property available by virtue of the gift and other property applicable for similar purposes can be more effectively used in conjunction, and to that end can suitably, regard being had to the spirit of the gift, be made applicable to common purposes;
538:. The terms of such documents are taken literally; if a particular organisation or purpose is given, the settlor's intention is considered to be no wider or narrower than this. A different approach is used when dealing with cases like
522:, the testator's next of kin or residuary legatees are forever excluded". The courts instead simply determine whether or not the reason for failure falls within Section 13, based on the basic intention underlying the original gift.
402:'s next of kin to inherit the money. However, initial failure cases require a decision not only on whether the purpose has failed, but also on whether the funds should be subject to cy-près or returned to the estate in a
476:. c. 58), situations where the cy-près doctrine applied were limited to cases where the trust's purpose was either impossible or impracticable. The 1960 Act, however, provides in Section 13(1) (now part of the
460:, charitable corporations, whereby if the corporation fell its possessions were to be transferred to the Papal treasury and spent on a purpose as close as possible to that of the original corporation.
567:, "A bequest to a corporate body ... takes effect simply as a gift to that body beneficially, unless there are circumstances which show that the recipient is to take the gift as a trustee."
201:
76:
278:
563:
exist but the purpose continues, the gift has not failed. Incorporated bodies on the other hand can possess property, and as such, as said by
Buckley J in
452:
investigation be made to ascertain how the trust may be employed so that the memory of the deceased may be preserved in some other and lawful manner." The
335:
81:
571:
something decided on the facts of each individual case, but some general principles are in place; external evidence is admissible to override any
171:
166:
372:(by a two-thirds majority) may decide to redirect the trust's funds. The doctrine was initially part of ecclesiastical law, originating from the
802:
546:
held that the amalgamated charities were entitled to the gift, since the charity named effectively continued as part of the amalgamated one.
543:
237:
368:
can issue an order redirecting the trust's funds to the nearest possible purpose. For charities worth under £5,000 and without land, the
484:(a) been as far as may be fulfilled; or cannot be carried out, or not according to the directions given and to the spirit of the gift;
71:
406:. This decision is based on the charitable intention of the settlor, which is determined based on the facts of each individual case.
821:
357:
91:
66:
403:
360:. The doctrine states that when such a trust has failed because its purposes are either impossible or cannot be fulfilled, the
328:
99:
181:
581:, and charitable intention can be found in cases where a non-existent charity is the recipient of the settlor's gift, as in
86:
273:
206:
104:
863:
868:
321:
304:
268:
283:
486:(b) or where the original purposes provide a use for part only of the property available by virtue of the gift;
161:
151:
176:
135:
518:: "Once money has been effectually dedicated to charity, whether in pursuance of a general or a particular
547:
309:
247:
542:, which dealt with a situation where the charity named in the gift had been amalgamated with others. The
469:
420:
361:
21:
447:
386:
35:
120:
502:
497:
477:
424:
365:
353:
227:
156:
840:
817:
798:
288:
186:
125:
52:
678:
535:
473:
453:
391:
242:
196:
191:
44:
427:. This doctrine originated in ecclesiastical law, the name coming as a contraction of the
380:(as close as possible), but similar and possibly ancestral provisions have been found in
211:
857:
559:
428:
373:
534:
When deciding if a gift has failed, attention is first turned to the wording of the
519:
573:
30:
531:
be applied cy-près or must it go on resulting trust to the settlor's estate"?
398:
funds to the nearest possible purpose, as there's no question of allowing the
844:
442:
381:
232:
26:
435:
369:
416:
399:
130:
43:
Further information on this doctrine in different jurisdictions:
39:, mentioning a Roman legal process similar to the cy-près doctrine
20:
577:
interpretation that a gift is for non-charitable purposes, as in
831:
Garton, Jonathan (2007). "Justifying the cy-pres doctrine".
480:) that cy-près can apply where the original purposes have:
441:
Some evidence suggests that the doctrine descends from
635:
633:
456:used a system similar to cy-près when dealing with
202:
482:
329:
8:
839:(3). Bloomsbury Professional Ltd: 134–149.
793:Edwards, Richard; Nigel Stockwell (2007).
336:
322:
48:
647:
645:
593:
296:
255:
219:
172:Perpetuities and Accumulations Act 2009
167:Perpetuities and Accumulations Act 1964
143:
112:
58:
51:
816:(9th ed.). John Wiley and Sons.
16:Doctrine concerning charitable trusts
7:
814:The law of tax-exempt organizations
496:This definition was amended by the
14:
797:(8th ed.). Pearson Longman.
352:in English law is an element of
579:Re Satterthwaite's Will Trusts
182:Recognition of Trusts Act 1987
1:
551:the machinery is provided."
207:Variation of Trusts Act 1958
885:
812:Hopkins, Bruce R. (2007).
305:Conflict of laws of trusts
42:
284:Rule against perpetuities
187:Statute of Frauds (1677)
162:Law of Property Act 1925
152:Charitable Uses Act 1601
833:Trust Law International
679:C2.6 Charities Act 2011
177:Public Trustee Act 1906
33:, who commissioned the
780:Edwards (2007) p.247-8
681:, accessed 27 May 2012
565:Re Vernon's Will Trust
494:
432:cy près comme possible
378:cy près comme possible
310:Hague Trust Convention
40:
421:High Court of Justice
410:Definition and origin
362:High Court of Justice
24:
753:Edwards (2007) p.246
744:Edwards (2007) p.245
717:Edwards (2007) p.244
699:Edwards (2007) p.243
669:Edwards (2007) p.250
660:Edwards (2007) p.249
651:Edwards (2007) p.242
639:Edwards (2007) p.241
609:Hopkins (2007) p.187
448:Corpus Juris Civilis
387:Corpus Juris Civilis
36:Corpus Juris Civilis
627:Garton (2007) p.136
618:Garton (2007) p.135
600:Edwards (2007)p.240
438:'s original goals.
77:Discretionary trust
864:English trusts law
509:Subsequent failure
503:Charities Act 2011
498:Charities Act 2006
478:Charities Act 1993
470:Charities Act 1960
425:Charity Commission
366:Charity Commission
228:Account of profits
157:Charities Act 2006
72:Constructive trust
41:
869:Charitable trusts
804:978-1-4058-4684-4
795:Trusts and Equity
520:charitable intent
474:8 & 9 Eliz. 2
358:charitable trusts
346:
345:
289:Three certainties
279:Trustee liability
53:English trust law
876:
848:
827:
808:
781:
778:
772:
769:
763:
760:
754:
751:
745:
742:
736:
733:
727:
724:
718:
715:
709:
706:
700:
697:
691:
688:
682:
676:
670:
667:
661:
658:
652:
649:
640:
637:
628:
625:
619:
616:
610:
607:
601:
598:
536:trust instrument
454:Byzantine Empire
419:, either to the
356:that deals with
350:cy-pres doctrine
338:
331:
324:
243:Equitable remedy
197:Trustee Act 2000
192:Trustee Act 1925
67:Charitable trust
49:
45:Cy-pres doctrine
884:
883:
879:
878:
877:
875:
874:
873:
854:
853:
830:
824:
811:
805:
792:
789:
784:
779:
775:
770:
766:
761:
757:
752:
748:
743:
739:
734:
730:
725:
721:
716:
712:
707:
703:
698:
694:
689:
685:
677:
673:
668:
664:
659:
655:
650:
643:
638:
631:
626:
622:
617:
613:
608:
604:
599:
595:
591:
544:Court of Appeal
528:
526:Initial failure
511:
491:
489:
487:
485:
466:
412:
404:resulting trust
342:
233:Breach of trust
100:Resulting trust
47:
17:
12:
11:
5:
882:
880:
872:
871:
866:
856:
855:
850:
849:
828:
822:
809:
803:
788:
785:
783:
782:
773:
764:
755:
746:
737:
728:
719:
710:
701:
692:
683:
671:
662:
653:
641:
629:
620:
611:
602:
592:
590:
587:
527:
524:
510:
507:
465:
462:
411:
408:
384:, both in the
344:
343:
341:
340:
333:
326:
318:
315:
314:
313:
312:
307:
299:
298:
294:
293:
292:
291:
286:
281:
276:
271:
266:
258:
257:
253:
252:
251:
250:
245:
240:
235:
230:
222:
221:
217:
216:
215:
214:
212:Wills Act 1837
209:
204:
199:
194:
189:
184:
179:
174:
169:
164:
159:
154:
146:
145:
141:
140:
139:
138:
133:
128:
123:
115:
114:
110:
109:
108:
107:
102:
97:
89:
84:
79:
74:
69:
61:
60:
59:Types of trust
56:
55:
15:
13:
10:
9:
6:
4:
3:
2:
881:
870:
867:
865:
862:
861:
859:
852:
846:
842:
838:
834:
829:
825:
823:0-470-03760-1
819:
815:
810:
806:
800:
796:
791:
790:
786:
777:
774:
768:
765:
759:
756:
750:
747:
741:
738:
735:3 All ER 1061
732:
729:
726:3 All ER 1050
723:
720:
714:
711:
705:
702:
696:
693:
687:
684:
680:
675:
672:
666:
663:
657:
654:
648:
646:
642:
636:
634:
630:
624:
621:
615:
612:
606:
603:
597:
594:
588:
586:
584:
580:
576:
575:
568:
566:
561:
557:
552:
549:
545:
541:
537:
532:
525:
523:
521:
517:
508:
506:
504:
499:
493:
481:
479:
475:
471:
468:Prior to the
463:
461:
459:
455:
450:
449:
444:
439:
437:
433:
430:
429:Norman French
426:
422:
418:
409:
407:
405:
401:
395:
393:
389:
388:
383:
379:
375:
374:Norman French
371:
367:
363:
359:
355:
351:
339:
334:
332:
327:
325:
320:
319:
317:
316:
311:
308:
306:
303:
302:
301:
300:
297:International
295:
290:
287:
285:
282:
280:
277:
275:
272:
270:
267:
265:
262:
261:
260:
259:
254:
249:
246:
244:
241:
239:
236:
234:
231:
229:
226:
225:
224:
223:
218:
213:
210:
208:
205:
203:
200:
198:
195:
193:
190:
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185:
183:
180:
178:
175:
173:
170:
168:
165:
163:
160:
158:
155:
153:
150:
149:
148:
147:
142:
137:
134:
132:
129:
127:
124:
122:
119:
118:
117:
116:
113:Functionaries
111:
106:
103:
101:
98:
96:
94:
90:
88:
87:Purpose trust
85:
83:
82:Express trust
80:
78:
75:
73:
70:
68:
65:
64:
63:
62:
57:
54:
50:
46:
38:
37:
32:
28:
23:
19:
851:
836:
832:
813:
794:
787:Bibliography
776:
767:
762:1 All ER 919
758:
749:
740:
731:
722:
713:
704:
695:
686:
674:
665:
656:
623:
614:
605:
596:
582:
578:
572:
569:
564:
555:
553:
539:
533:
529:
515:
512:
495:
483:
467:
464:Requirements
457:
446:
440:
431:
413:
396:
385:
377:
349:
347:
263:
105:Secret trust
92:
34:
18:
690:2 All ER 98
574:prima facie
458:piae causae
269:Formalities
121:Beneficiary
31:Justinian I
858:Categories
589:References
583:Re Harwood
548:Farwell LJ
540:Re Faraker
390:and later
354:trusts law
93:Quistclose
845:0962-2624
556:Re Finger
516:Re Wright
443:Roman law
392:Byzantine
382:Roman law
126:Protector
27:Byzantine
708:2 Ch 488
436:testator
417:trustees
370:trustees
220:Remedies
144:Statutes
29:Emperor
423:or the
400:settlor
376:phrase
364:or the
274:History
264:Cy-près
248:Tracing
238:Damages
136:Trustee
131:Settlor
843:
820:
801:
771:Ch 285
560:Goff J
445:. The
394:law.
256:Other
95:trust
841:ISSN
818:ISBN
799:ISBN
348:The
25:The
554:In
514:in
860::
837:21
835:.
644:^
632:^
585:.
558:,
505:.
847:.
826:.
807:.
472:(
337:e
330:t
323:v
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