What it means
Cy pres — “as near as possible” — is how Florida saves a charitable gift whose original purpose can no longer be carried out. Under §736.0413, if a particular charitable purpose becomes unlawful, impracticable, impossible to achieve, or wasteful, the court may modify or terminate the trust by directing the property, in whole or in part, to a use consistent with the settlor's charitable purposes.
The gift does not fail and revert to the heirs; it is redirected to something close to what the settlor wanted. A proceeding may be started by the settlor, a trustee, or any qualified beneficiary.
- Applies when a particular charitable purpose becomes unlawful, impracticable, impossible to achieve, or wasteful.
- The court redirects the property to a use consistent with the settlor's charitable purposes — the purpose survives, the method changes.
- The court may modify or terminate the trust, and apply the property in whole or in part.
- A proceeding may be brought by the settlor, a trustee, or any qualified beneficiary.
- Applies to charitable trusts — the noncharitable analog is judicial modification under §736.04113.
How it plays out
Cy pres answers a question grieving families ask a lot: what happens to a gift to a charity that no longer exists, or to a cause overtaken by events — a disease that has been cured, an institution that has closed? The gift does not quietly fall back into the estate. A court applies §736.0413 and steers the money to the nearest charitable purpose the settlor would have recognized. For clients making charitable gifts, we name a backup purpose and an alternate organization, because the closer the settlor's own words come to the problem, the less a judge has to improvise.
Where this shows up
Pages on this site where § 736.0413 does real work:
Related sections
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