Jurisdiction(s):
United Kingdom

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Key definition

Cy-près definition

What does Cy-près mean? Cy-près describes applying charitable property to purposes as close as possible to a donor, settlor or testator’s original aims when the specified purposes are impossible, impracticable, obsolete or have otherwise failed. It is commonly used for charitable trusts, testamentary gifts, failed public appeals, surplus funds and where a charity has ceased to exist or merged. In England and Wales, the Charity Commission or the court may make a cy-près scheme under the Charities Act 2011. In Scotland, equivalent outcomes are achieved through reorganisation schemes under the Charities and Trustee Investment (Scotland) Act 2005 by OSCR or the Court of...

Cy-près for Charitable Trusts in England and Wales: equitable and statutory framework (Charities Act 2011/2022), general charitable intention, failed gifts and fundraising appeals, schemes, and limits

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Practice notes

cy-près definition

In situations where a clear charitable intention is articulated, but it will not potentially fail because the chosen mode cannot be carried out, the cy-près doctrine permits another means to be adopted that is the closest possible to the donor’s specified method, which is why the doctrine bears its name. The cy-près doctrine now has a partial statutory basis in Part 6 of the Charities Act 2011 (CA 2011). This note preserves much of the pre‑2011 material. A separate Practice Note deals with charitable schemes, including cy-près schemes, established under CA 2011, s 67...

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