Cy-pres Doctrine

• What does Section 62 of the Charities Act 2011 recognize?

  Impossibility, impracticality, and other situations
• What happens when a charitable trust cannot be carried out?

  It results in a resulting trust
• What occurs if the cy-pres doctrine applies?

  No resulting trust is established
• How are surplus funds treated under the cy-pres doctrine?

  Applied to similar charitable purposes
• What was the charitable purpose in Re King [1923]?

  Install a stained glass window in a church
• What was the issue with the surplus in Re King?

  Whether it goes back to the owner or for another window
• What constitutes an initial failure in the cy-pres doctrine?

  No possibility of carrying out the intended purpose
• What was the charitable intent in Biscoe v Jackson (1887)?

  Provision of a soup kitchen and cottage hospital
• Why was Biscoe v Jackson deemed an initial failure?

  Suitable land could not be found
• What happened in Re Harwood [1936] regarding the Peace Society gifts?

  One society ceased to exist, the other never existed
• What was the issue in Re Spence [1979]?


  The home for the elderly ceased to exist
• What must be found if there is an initial failure?

  A general charitable intent must be identified
• How was general charitable intent established in Re Finger?

  Other gifts in the will were to charities
• What was the testatrix's intent in Re Satterthwaite [1952]?

  To leave money to animal charities
• What was the outcome regarding the charities in Re Satterthwaite?

  Some charities did not exist
• What was the finding in Re Faraker regarding the charity?

  The charity had amalgamated into another organization
• What was the conclusion in Re Harwood regarding general charitable intent?

  No general charitable intent was found
• What was the issue in Re Rymer regarding the £5,000 bequest?

  No general charitable intent was established
• What defines a subsequent failure in the cy-pres doctrine?

  The charitable purpose can no longer be carried out
• What was the outcome in Re Slevin regarding the orphanage?

  The orphanage closed before the money was paid out
• What was the ruling in Kings v Bultitude regarding the church?

  The church was deemed to have ceased to exist
• What does s.67 CA 2011 require when applying cy-près?

  Consider the spirit of the original gift
• What is one of the considerations under s.67 CA 2011?

  The desirability of securing charitable purposes
• What does s.67 CA 2011 emphasize regarding current circumstances?

  Charities must have suitable and effective purposes