Cy Pres Flashcards
What does Cy Pres stand for?
“Near as possible”
What is Cy Pres for?
When the original objective of the settlor cannot be performed cy pres may be able to save a charitable gift
What are the two functions of the doctrine?
The doctrine was developed through case law and then supplemented in 1960 by statute.
1. Re-ordering existing charities
2. Saving charitable gifts which would otherwise fail
What section of the Charities Act 2011 set out Cy Pres? What does it say?
S62
Cy Pres is used if the original purpose has been fulfilled or cannot be carried out, can be carried out more effectively in a different way, or applied to an area that has ceased to be a unit or to a class of person that has ceased to be suitable.
When is Cy Pres applied?
When the original purposes have ceased to provide an effective method of using the property.
What does Cy Pres say about initial failure?
If the trust is impossible to perform from the outset property results back to settlor unless Cy pres doctrine applies
It applies where there is initial failure- impossibility or impracticality
How does Cy pres relate to general charitable intent?
In cases of initial failure general charitable intent must be shown
What is Statutory Cy Pres?
Unidentifiable donors property for specific charitable purposes which fail are to be applied cy pres
What do s74 and 75 of the Charities Act 1993 say?
It allows trustees of small charities to apply funds to other charities where the existing purposes of the charity have ceased to be conducive to a suitable and effective application of the charity’s resources and the recipient charities purposes’ are as similar in character to the ceding charity’s as is practical.
