What do you understand by 'Doctrine of Cypres'? On what type of trusts this doctrine is applied?

Question: What do you understand by 'Doctrine of Cypres'? On what type of trusts this doctrine is applied? [UPJS 2016]

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Answer

The 'doctrine of cypres' (pronounced "see pray") is a legal principle used in trust and charity law. The term 'cypres' is derived from the Old French phrase 'cy pres comme possible', which means "as near as possible". The doctrine of cy-pres allows a court to modify or reform the terms of a charitable trust when the original charitable purpose becomes impossible, impractical, or illegal to fulfill, while still preserving the general charitable intent of the donor.

Here's what you need to understand about the doctrine of cypres:

Application of the Cypres Doctrine:

Charitable Trusts: The doctrine of cy-pres is primarily applied to charitable trusts. Charitable trusts are trusts created for charitable purposes, such as for the benefit of the poor, the advancement of education, the promotion of religion, or other purposes that benefit the public.

When Original Charitable Purpose Cannot Be Achieved: The doctrine comes into play when the original charitable purpose of a trust becomes impossible or impractical to achieve. This could happen for various reasons, including changes in circumstances, changes in the law, or the fact that the intended charitable beneficiary no longer exists.

Preservation of Charitable Intent: The central idea behind cy pres is to ensure that the general charitable intent of the donor is honoured, even if the specific terms of the trust cannot be carried out as originally intended.

Court's Discretion: The application of cy pres is typically at the discretion of the court. Courts will examine the specific circumstances and determine if the trust's original purpose is impossible to fulfill, and if so, they may modify the terms of the trust to achieve a charitable purpose that closely aligns with the donor's original intent.

Balancing Charitable Goals: In applying cy-pres, the court aims to strike a balance between preserving the charitable nature of the trust and finding a new charitable purpose that aligns as closely as possible with the donor's original intent. The court's decision should still serve the broader public interest.

In summary, the doctrine of cy pres is a legal principle used in the context of charitable trusts. It allows a court to modify the terms of a charitable trust when the original charitable purpose cannot be fulfilled, while still preserving the general charitable intent of the donor. The primary goal is to ensure that the trust's assets are used for a charitable purpose, even if the specifics of the original trust become unworkable.