| Commentary

17 Cy-près doctrine

| Commentary

17 Cy-près doctrine

A clearly expressed charitable intention will not be allowed to fail merely because the mode of executing that intention (if expressed) cannot be carried out. In such circumstances, where there is no express or statutory power to alter the objects, the courts or the Charity Commission proceed by substituting ‘cy-près’ purpose ie, a purpose which is ‘close to’ the purpose specified by the donor1. The cy-près doctrine is restricted to trusts which are charitable in law2.

In the absence of an express power to do so, the trustees of a charity may not apply trust funds cy-près without

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