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E- Seminar 12 - The cy pres document.
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Seminar 12 – Cy pres document1. What is the cy-près doctrine and its function? Be prepared to refer to the relevant sections in the
Charities Act 2011.
The Cy-pres doctrine allows for the wishes of a donor to charity to be carried out even if the original
purpose of the gift has failed. For the doctrine to apply, the new purpose should be as close as
possible to the original purpose. The charity commission has a statutory power to apply the cy-pres
doctrine to charities whose existing trusts can no longer be carried out (for example, because the
original purpose no longer exists or has become illegal or because there are no remaining trustees.)
The cy-pres doctrine applies to both lifetime gifts and gifts by will. A cy-pres power is often expressly
included in a gift by will so that if the original charity no longer exists by the time the testator dies,
the power can be used to make the gift to another charity whose purposes are as close as possible to
those of the original charity.
Before the enactment of the Charities Act 1960 the case law provided that the Cy-pres doctrine
could only be involved if it was either impossible or impractible to perform the purposes of the trust
The two situations where cy pres can be applied are where a charitable trust cannot be carried out
or is fulfilled but leaves a surplus of charitable funds.
Charities Act 2011:
61. Duty of trustees in relation to application of property cy-près
It is hereby declared that a trust for charitable purposes places a trustee under a duty, where the
case permits and requires the property or some part of it to be applied cy-près, to secure its
effective use for charity by taking steps to enable it to be so applied.
62. (1) circumstances where the original purpose of a charitable gift can be alterest to apply cy-pres
are
(a) where the original purposes (i) have been as far as may be fulfilled. (ii) cannot be carried out, or
not according to the directions given and to the spirit of the gift.
63. property applicable for cy-pres given for charitable purposes is available if
1)(a) the donors cannot be found.
1(b) the donor has disclaimed their interest.
2. Please read the following cases. Be prepared to discuss the facts and the decision reached in each
case.
- Kings v Bultitude [2010] EWHC 1795
The testatrix made a bequest in favour of a particular religious charity which was a splinter
organisation from the Roman Catholic Church. She had devoted a large amount of her life to that
organisation, even conducting its religious services after her husbands death ( where he had
previously served as its primate). After her death, however, the organisation disbanded. When that
organisation ceased to exist the question arose as to whether or not the bequest could be applied
cy-pres to other religious charitable pruposes. Proudman J found that the testatrix had not had a
general charitable intention but rather only an intention to benefit that particular organisation and
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