Also known as: rules of approximation · cy pres · cy-près
Written by attorneys · grounded in primary & secondary sources — see below
A judicial doctrine permitting a court to modify the terms of a charitable trust when the original purpose becomes impossible, impracticable, or wasteful. The court directs the trust assets toward a purpose as close as possible to the settlor's charitable intent without allowing the property to revert or the trust to fail.
Raymond Ramos created a charitable trust to maintain a historic library in his hometown. After the library building was destroyed by fire and rebuilding proved impossible, the trustee petitioned the court. The court applied the doctrine to redirect the remaining assets to support a nearby community reading program that aligned with the original educational purpose.
Rosalind Reed left property in trust for a park open only to white residents. After the restriction was held unconstitutional, the court refused to apply the doctrine to save the trust for a different use. The property therefore reverted to the settlor's heirs rather than continuing under a modified charitable purpose.
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Roger Ramirez established a trust to fund scholarships for students at a specific local school that later closed. The court found the exact purpose impossible and applied the doctrine to redirect the funds to scholarships at a comparable nearby institution serving the same student population.
Riley Rivera created a trust to support a facility for incurables at a particular location. When that facility merged with another hospital system, the court applied the doctrine to permit the assets to continue supporting similar care at the successor institution rather than allowing reversion.
A court applies the doctrine when the original charitable purpose has become impossible, impracticable, or wasteful. The court then directs the assets toward a purpose consistent with the settlor's intent rather than allowing the trust to fail or the property to revert.
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No. A gift-over to a noncharitable beneficiary prevails over the power to apply the doctrine only if the settlor is still living when the provision takes effect or fewer than twenty-one years have elapsed since the trust's creation.
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The court may still apply the doctrine to modify the trust and direct the assets toward a purpose as close as possible to the settlor's original charitable intent. The trust does not automatically fail or revert to the settlor's heirs.
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Yes. When modification is not feasible, the court may terminate the trust and distribute the assets in a manner consistent with the settlor's charitable purposes rather than allowing reversion.
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…University Hospital maintained that, because the will involved a charitable bequest, the issue was controlled by the cy pres doctrine under state law. Moreover, according to University Hospital, the cy pres doctrine would not permit the striking of the illegal racial restriction because of the presence of the…