Rule Of Cy Pres (Noun)
Meaning
A rule that when literal compliance is impossible the intention of a donor or testator should be carried out as nearly as possible.
Classification
Nouns denoting cognitive processes and contents.
Examples
- The court applied the rule of cy-pres to carry out the testator's intention by finding an alternative beneficiary to receive the charitable bequest.
- In the absence of a suitable recipient, the charity's administrator sought judicial guidance on how to apply the cy-pres rule to the funds left in the will.
- Due to unforeseen changes in the law, it was no longer possible to implement the donor's original wish, prompting the court to invoke the rule of cy-pres and find a substitute recipient.
- According to the documents left behind, if there was no direct way to carry out her wish, the donor's lawyer was instructed to follow the rule of cy-pres as closely as feasible.
- Despite some problems with literal compliance, the charity's plans for using the bequest could still go ahead if they were interpreted as closely as possible according to the rule of cy-pres.