Cy pres doctrine

The law of wills and trusts
Part of the common law series
Inheritance
Intestacy  · Testator  · Probate
Power of appointment
Simultaneous death  · Slayer rule
Disclaimer of interest
Types of will
Holographic will  · Will contract
Living will
Joint wills and mutual wills
Parts of a will
Codicil  · Attestation clause
Incorporation by reference
Residuary clause
Problems of property disposition
Lapse and anti-lapse
Ademption  · Abatement
Acts of independent significance
Elective share  · Pretermitted heir
Contesting a will
Testamentary capacity  · Undue influence
Types of Trusts
Express trust  · Asset-protection trust
Protective trust  · Spendthrift trust
Charitable trust  · Honorary trust
Resulting trust  · Constructive trust
Special Needs trust
Doctrines governing trusts
Pour-over will  · Cy pres doctrine
Other areas of the common law
Contract law  · Tort law  · Property law
Criminal law  · Evidence

The English cy pres doctrine (pronounced as see-pray) is a legal doctrine of the Court of equity. It allows the Court to settle a trust as near (Cy-prés) as possible to the original intention of the testator, where the original intended purpose is impossible, impracticable or illegal. This prevents the trust from failing.

In the United States, Cy Pres applies only to charitable trusts where the original particular purpose of the trust has become impossible or impractible, and the terms of the trust do not specify what is to happen in such a situation. A typical example would be a trust established to turn public opinion against slavery. Once slavery was abolished, the trusts stated purpose had become impossible to effect. The court will then modify the particular purpose of the trust, leaving it within the same general charitable purpose. In the slavery example, for instance, a court could decide that, while the particular purpose was bringing an end to slavery, the general purpose was to help African Americans, and alter the provisions of the trust to focus on this new goal.