cy pres doctrine

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Word: Cy Pres Doctrine

Part of Speech: Noun

Definition: The cy pres doctrine is a legal rule that allows a court to change the terms of a donation or a will when it is impossible to follow the original instructions exactly. The goal is to carry out the donor's or testator's intentions as closely as possible.

Usage Instructions:

• Use "cy pres doctrine" in legal contexts, particularly when discussing charitable donations, trusts, or wills.
• It is often invoked in cases where the original purpose of a gift cannot be fulfilled.

Example:

• "The charity was unable to use the funds for the specific purpose the donor intended, so the court applied the cy pres doctrine to redirect the money to a similar cause."

Advanced Usage:

• In legal discussions, you might hear phrases like "application of the cy pres doctrine" or "cy pres modifications."
• It is often used in estate planning and nonprofit law.

Word Variants:

• "Cy pres" (used alone, referring to the doctrine)
• "Donor" (the person who gives a gift)
• "Testator" (the person who makes a will)

Different Meanings:

• The term "cy pres" comes from French, meaning "as near as" or "as close as." It emphasizes the idea of getting as close to the original intention as possible.

Synonyms:

• Intent-based modification
• Gift modification
• Equitable deviation

Related Idioms:

• "Close but no cigar" – This idiom emphasizes that while something may not be exactly right, it is still very close.

Phrasal Verbs:

• There aren't specific phrasal verbs directly related to "cy pres doctrine," but you might encounter phrases like "carry out" (to perform or fulfill) and "redirect funds" (to change the destination of money).

Academic

Noun

1. a rule that when literal compliance is impossible the intention of a donor or testator should be carried out as nearly as possible

Synonyms

• cy pres
• rule of cy pres