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GLOSSARY

Paramount charitable intention definition

What does Paramount charitable intention mean?

An intention to benefit charity, or a particular charitable purpose, rather than a particular institution or mode of giving effect to a charitable purpose.

Thus, if a gift to an institution by will is made with a paramount charitable intention, the gift is applicable by scheme notwithstanding that the particular institution to which the gift was made has closed in the testator's lifetime or the prescribed mode of giving effect to the gift is no longer possible. Sometimes referred to as a general charitable intention.

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The Cy-près doctrine

Cy-prės definitionThe cy-près doctrine may apply where there has been a failure of a charitable gift. In such circumstances, the Charity Commission can direct that the funds are applied to other, closely related, charitable purposes.A useful definition of the cy-près doctrine was provided by the Restatement of the Law, Second, Trusts 2d: As Adopted and Promulgated by the American Law Institute at Washington, D.C., May 23, 1957, American Law Institute:if property is given in trust to be applied for a particular charitable purpose, and it is or becomes impossible or impracticable or illegal to carry out the particular purpose, and if the settlor manifested a more general intention to devote the property to charitable purposes, the trust will not fail but the court will direct the application of the property to some charitable purpose which falls within the general charitable intention of the settlorThe prime requirements for cy-près to apply are:•a specific charitable object•an equitable or statutory cy-près situation•a paramount or general charitable intention where the initial operation of the...

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