Doctrine of Cy Pres

Introduction

The doctrine of cy pres is used in succession law when the exact intention of the testator cannot be followed. Instead of failing the gift, the court tries to give effect to the intention in a practical way. This ensures that the purpose of the will is not defeated.

Meaning / Definition

The expression “cy pres” means “as nearly as possible”.

• It applies when:

  • The testator has a general intention
  • A specific method is mentioned to carry out that intention

• If the specific method cannot be followed, the court allows the intention to be carried out in a similar way as close as possible

Modes or Types

Application of the Doctrine

The doctrine applies in the following situations:

• When there is a general intention to benefit a person or purpose
• When a specific condition or method becomes impossible or impractical
• When the condition is only partly fulfilled

Condition Precedent

• A condition precedent is a condition that must be fulfilled before a gift takes effect
• If strict compliance is not possible, but substantial compliance exists, the court may apply cy pres

Practical Example

A testator leaves property to A on the condition that A marries with the consent of X, Y, and Z. If X dies before the marriage, and A marries with the consent of Y and Z, the condition is treated as fulfilled. The court applies the doctrine of cy pres and accepts compliance as close as possible.

Summary

• Cy pres means “as nearly as possible”
• It applies when exact intention cannot be fulfilled
• Court focuses on general intention of the testator
• Substantial compliance is accepted instead of strict compliance
• Ensures that gifts do not fail due to minor difficulties