Cy Pres Doctrine

If you create an estate planning document leaving property to a charity, but after your death the transfer cannot occur, the court may apply the cy pres rule.

The words “cy pres” are French for “as near.” If your charitable wishes cannot be achieved, the court uses this doctrine to attempt to fulfill your wishes as near to your original wishes as possible.

Why a Gift May Be Non-Transferable

Your charitable gift may not be transferable to your chosen charity because that charity:

• Refuses to accept it
• Could not be identified
• No longer exists on the date of your death

Additionally, a gift may not be possible due to the fact that you:

• Identified more than one charity in an ambiguous manner
• Failed to name a specific charity as recipient
• Failed to specify a charitable purpose

Under cy pres, when your charitable gift cannot be transferred to the organization specified in your trust, it may be given to a related charity that has a related charitable purpose.

Limited Application

The cy pres rule typically will not be applied unless there is no way your particular charitable purpose is possible. Courts are reluctant to second guess intent, so the rule may not be applied if you have not clearly articulated a charitable intent.

© 2026 NextClient.com, Inc. All rights reserved.

• Giving to Charity
  It is possible to set up a trust for charitable purposes. Charitable trusts are quite common, but certain requirements must be met. Purpose of a Charitable Gift Reasons for charitable gifts funded through... Read more.
• Estate Taxes and Valuation of Estate Property
  Assets owned by a person at the time of their death, whether real or personal property, is commonly referred to as the decedent’s “estate.” After the person dies, the property or proceeds from the sale of such property is usually... Read more.
• The Reciprocal Trust Doctrine Can Trap the Unwary
  Estate planning attorneys utilize a number of different estate planning techniques to accomplish the goals of their clients and sometimes to minimize transfer taxes. One common estate planning technique is the transfer of assets into an... Read more.
• Whether Children Conceived After the Death of a Parent are Entitled to Benefits
  Several states refer to children who are born or adopted after the execution of a parent’s will and omitted from the provisions of the testamentary instrument as “omitted” or “pretermitted” children. In the interest of... Read more.

• Pooh Shiesty Says He's Locked in Jail Cell 23 Hours a Day, Seeks Emergency Court Order
• Trump's Big Bend Border Wall Faces Legal Setback as Judge Finds DHS Likely Exceeded Its Authority
• Cordae Hit With $25 Million Lawsuit as Label Seeks to Block Anderson .Paak Album
• Federal Judge Throws Out Trump's Bid to Overturn NYC Sanctuary Laws
• Arizona City Bans Flock License Plate Cameras in First-of-Its-Kind Law