Cy-près (Gift by will)

Summary policy

September 3, 2003

Reference number

Key words

Cy-près - Gift by will

Policy statement

Cy-près is a shortened form of the phrase "cy-près comme possible," which in English means "as near as possible." Where property is given in trust for a particular charitable purpose, and it is or becomes impossible, impractical or illegal to carry out the particular purpose, and if the settlor's intention is to devote the property to charitable purposes, the trust will not necessarily fail. The court can apply the cy-près doctrine and direct the application of the property to some charitable purpose which falls within the general charitable intention of the settlor.

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