Also known as: doctrine of approximation · approximation doctrine · cy pres · cy-près
Written by attorneys · grounded in primary & secondary sources — see below
An equitable doctrine permitting a court to modify the terms of a charitable trust when the settlor's specific charitable purpose has become impossible, impracticable, or wasteful. The court directs application of the trust property in a manner as near as possible to the settlor's original charitable intent. Modification occurs only after the court confirms that the trust does not fail outright and that trust property does not revert to the settlor.
Amelia Amari created a charitable trust directing Stone Trade to subsidize brick-and-mortar leases for artisans on Main Street. Online commerce eliminated foot traffic and emptied storefronts, rendering annual subsidies wasteful. The court applied the doctrine to redirect remaining corpus to online platforms that still supported local artisans within the community.
A settlor left funds to the Home for Incurables to operate a building exclusively for white patients. After the restriction became unenforceable, University of Maryland Medical System sought the assets. The court applied the doctrine to redirect the property to the alternative charitable beneficiary rather than allowing reversion.
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Andre Antoine established a trust to fund scholarships for poor white boys and girls at specific universities. Changed circumstances rendered the racial limitation impossible to enforce. The court applied the doctrine to modify the trust to support scholarships without the invalid restriction while preserving the educational purpose.
A settlor devised land for a public park limited to white persons. After a Supreme Court decision required nondiscriminatory operation, the purpose became impossible. The court applied the doctrine and directed that the property revert to the settlor's heirs rather than continue under modified terms.
Waste exists when changed circumstances make continued application of trust funds futile and deplete corpus without meaningful charitable benefit. Near-total loss of foot traffic, empty storefronts, and minimal customer volume despite ongoing subsidies satisfy the standard under Unif. Tr. Code § 413(a).
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No. Even when waste is shown, modification must remain consistent with the settlor's deliberately narrow charitable purposes. An instrument that confined subsidies to physical Main Street presence and rejected online alternatives prevents redirection to digital platforms.
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The court may apply the doctrine to redirect assets to an alternative charitable beneficiary when the restriction is impossible to perform. Reversion occurs only if the instrument so provides and the settlor's intent cannot be approximated.
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…by petitioners and by the Attorney General of Georgia, both of whom argued that the trust should be saved by applying the cy pres doctrine to amend the terms of the will by striking the racial restrictions and opening Baconsfield to all the citizens of Macon without regard to race or color. The trial court, however,…