Cy Pres Doctrine

The Cy Pres Doctrine is a legal principle used in the context of trusts and charitable donations that allows for the modification of a donor’s intent when the original purpose of a trust or gift becomes impossible, impractical, or illegal to fulfill. The term "cy pres" is derived from the French phrase "cy pres comme possible," meaning "as near as possible."

In practice, the Cy Pres Doctrine is often invoked when a charitable trust’s specific goal cannot be achieved. For example, if a donor establishes a trust to fund a specific charitable purpose, such as maintaining a historical landmark that subsequently gets destroyed, the courts can apply the Cy Pres Doctrine to redirect the trust funds toward a similar purpose that aligns with the donor’s original intent. This ensures that the donor’s charitable aspirations are honored, albeit in a modified form.

In Texas, courts may apply the Cy Pres Doctrine to charitable trusts and gifts, particularly when the original purpose is no longer feasible. The doctrine is particularly significant in ensuring that charitable contributions continue to serve the public good, even when circumstances change. The decision to apply this doctrine involves an analysis of the donor’s intent, the possibility of achieving the original purpose, and the closest alternative purpose that serves the same charitable goals.