Cypress Doctrine

Cy Pres doctrine is a French term that means “as close as possible.” It is used in wills and trusts when a gift is no longer possible to be followed as per the decedent’s wishes. The judge will more than likely use Cy Pres Doctrine to grant a wish as near to the decedent’s wishes as possible. This usually happens in a case of charitable or education organizations that no longer exists at the time of the decedent’s death. If that happens, the judge must decide how to closely fulfill the wishes of the decedent in a more appropriate manner. If the court can invoke Cy Pres Doctrine, it would have to be designated to a specific purpose that was not fulfilled or frustrated, or the settlor had a general, or unrestricted, charitable intent. References Cy Pres Doctrine – Legal Dictionary – The Free Dictionary. http://definitions.uslegal.com/c/cy-pres-doctrine/ Modification of Charitable Trusts—The Cy Pres Doctrine. Nationalparalegal.edu/…/ …