What Is the Cy-Pres Doctrine?
The phrase "cy-pres" is derived from the Norman French cy pres comme possible, meaning "as near as possible." In Florida trust law, the cy-pres doctrine is a powerful judicial tool used to save charitable trusts from destruction.
When a wealthy Florida philanthropist creates a charitable trust to fund a specific cause, and that cause later becomes impossible, impractical, or illegal, the trust would normally fail, and the money would revert back to the donor's estate. The cy-pres doctrine prevents this waste by allowing a judge to redirect the trust's assets to a similar charitable purpose that is as close as possible to the donor's original intent.
Florida Application
Under Florida Statute 736.0413, if a particular charitable purpose becomes unlawful, impracticable, impossible of achievement, or wasteful, the court may apply cy-pres to direct the property to a similar purpose.
Consider this example: In 1950, a Florida landowner donated 200 acres of real estate to a trust with strict instructions to "build and maintain a hospital for the treatment of polio." By 1960, the polio vaccine had effectively eradicated the disease, making the trust's specific purpose impossible. Rather than allowing the 200 acres to revert to the landowner's heirs (who had nothing to do with the charitable intent), a judge would apply cy-pres and redirect the trust funds to a "hospital for the treatment of infectious diseases," a purpose as near as possible to the donor's original vision.
Cy-Pres in Class Action Settlements
Beyond trust law, cy-pres is increasingly used in class action settlements. When a massive class action generates millions of dollars in damages, but many class members cannot be located to receive their share, the unclaimed funds are redirected under cy-pres to a charity that serves the same community harmed by the defendant.
Related Terms
- Living Trust — A standard trust that does not require cy-pres because it can be amended
- Charitable Remainder Trust — A related charitable planning vehicle
- Estate — Where the funds would revert without the cy-pres doctrine
Barnes Walker Trust Administration
Barnes Walker's trust and estate attorneys petition Florida courts to apply the cy-pres doctrine when our clients' charitable trusts face obsolete or impossible purposes, ensuring the donor's philanthropic intent is preserved and the trust assets continue to benefit the community. Request a legal inquiry for assistance.
Florida Law Reference
Fla. Stat. Ch. 736 (Florida Trust Code)
The Florida Trust Code governs the creation, modification, and administration of trusts, including trustee duties, beneficiary rights, and trust termination.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC