cy-près
adj.
(French) As near; as near as possible; the doctrine that if a bequest is illegal or impossible, the court will try to replace it with one as close to the testator’s intentions as possible.
adv.
cy-près

The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. . 2008.


cy-près
cy-près
England, Wales
As near as possible (from the old French, literally "near to").
In the context of charities, the cy-près doctrine allows the wishes of a donor to charity to be carried out even if the original purpose of the gift has failed. For the doctrine to apply, the new purpose should be as close as possible to the original purpose.
The Charity Commission has a statutory power to apply the cy-près doctrine to charities whose existing trusts can no longer be carried out (for example, because the original purpose no longer exists or has become illegal or because there are no remaining trustees).
The cy-près doctrine applies both to lifetime gifts and gifts bywill. A cy-près power is often expressly included in a gift by will so that if the original charity no longer exists by the time the testator dies, the power can be used to make the gift to another charity whose purposes are as close as possible to those of the original charity.

Practical Law Dictionary. Glossary of UK, US and international legal terms. . 2010.

Look at other dictionaries:

  • cy pres — 1 /ˌsē prā/ n [Anglo French, as near (as possible)]: a rule in the law of trusts and estates that provides for the interpretation of instruments as nearly as possible in conformity with the intention of the testator when literal construction is… …   Law dictionary

  • cy-pres — cy près adj. (French) As near; as near as possible; the doctrine that if a bequest is illegal or impossible, the court will try to replace it with one as close to the testator’s intentions as possible. adv. cy près The Essential Law Dictionary.… …   Law dictionary

  • cy-pres — [sē′prā′, sī′prā] adj., adv. 〚Late Anglo Fr < OFr si pres, so nearly < L sic, so + presse, adv. of pressus, pp. of premere, PRESS1〛 Law as near(ly) as possible: designating or according to an equitable doctrine for the interpretation of legal… …   Universalium

  • cy-pres — [sē′prā′, sī′prā] adj., adv. [Late Anglo Fr < OFr si pres, so nearly < L sic, so + presse, adv. of pressus, pp. of premere, PRESS1] Law as near(ly) as possible: designating or according to an equitable doctrine for the interpretation of… …   English World dictionary

  • cy pres — adv. & adj. Law as near as possible to the testator s or donor s intentions when these cannot be precisely followed. Etymology: AF, = si pregraves so near * * * noun a rule that when literal compliance is impossible the intention of a donor or… …   Useful english dictionary

  • cy pres — I. noun Etymology: Anglo French, so near, as near (as may be) Date: 1802 a rule providing for the interpretation of instruments in equity as nearly as possible in conformity to the intention of the testator when literal construction is illegal,… …   New Collegiate Dictionary

  • cy pres — or cy•pres [[t]ˈsi ˈpreɪ[/t]] Law. adv. 1) law as near as possible 2) law the doctrine, applied esp. to cases of charitable trusts or donations, that, in place of an impossible or illegal condition or object, allows the nearest practicable one to …   From formal English to slang

  • cy pres — /si ˈpreɪ/ (say see pray) Law 1. as near as practicable. 2. doctrine of cy pres, an equitable doctrine (applicable only to cases of charitable trusts or donations) which, in place of an impossible or illegal condition, limitation, or object,… …   Australian English dictionary

  • cy-pres — /siyprey/ As near as (possible). The rule of cy pres is a rule for the construction of instruments in equity, by which the intention of the party is carried out as near as may be, when it would be impossible or illegal to give it literal effect.… …   Black's law dictionary

  • cy-pres — /siyprey/ As near as (possible). The rule of cy pres is a rule for the construction of instruments in equity, by which the intention of the party is carried out as near as may be, when it would be impossible or illegal to give it literal effect.… …   Black's law dictionary

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