Also known as: approximation doctrine · cy pres · cy-près doctrine
Written by attorneys · grounded in primary & secondary sources — see below
A principle authorizing a court to modify the administrative details of a charitable trust or servitude when the settlor's specific purpose has become impossible, impracticable, or wasteful. The court redirects the property to a purpose as close as possible to the original charitable intent while preserving the trust.
A settlor funded a trust to subsidize brick-and-mortar leases for artisans on Main Street. Online commerce emptied the storefronts and rendered the subsidies wasteful. The court applied the doctrine to redirect remaining funds toward online sales platforms that still supported local artisans.
A donor created a trust for a public park limited to white persons only. After the racial restriction was invalidated, the court applied the doctrine to eliminate the limitation and keep the land operating as a public park rather than allowing reversion.
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A will left a building to a hospital for the care of white patients only. After the racial condition became unenforceable, the court applied the doctrine to permit the hospital to use the building for all patients while honoring the donor's general charitable intent.
A trust created a public park with a racial exclusion that was later struck down. The court applied the doctrine to terminate the trust and transfer the land to the city for continued public use rather than returning it to the settlor's heirs.
A court applies the doctrine when the trust's specific charitable purpose has become impossible, impracticable, or wasteful. The court then redirects the assets to a purpose as near as possible to the settlor's original intent.
Supporting sources
No. Under Uniform Trust Code section 413(b), an express provision directing distribution to a noncharitable beneficiary prevails over cy pres modification if the settlor is still living or fewer than twenty-one years have passed since the trust's creation.
Supporting sources
When the specific conservation purpose of a servitude becomes impracticable, the doctrine permits modification to allow use for other conservation or preservation purposes unless the creating document provides otherwise.
Supporting sources
The doctrine of approximation is another name for the cy pres doctrine. Both authorize a court to reform a charitable disposition as closely as possible to the donor's intent when the original purpose cannot be fulfilled.
Supporting sources
…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,…