Cypres in Trust
CY- PRES
The Students will be able to
* Restate the concept of Cy-près
* Apply the doctrine of Cy-près
* Solve and relate the doctrine of Cy-près to the present circumstances
MEANING
* derived from Norman-French term :‘ici-pres’ which means ‘near this’
* ‘aussi pres’ : as near as possible
* The courts are willing for the funds to be applied to other objects which are as near as possible to the settlor’s intention.
The Law
* In England there is an express provision on Cy-près under the Charity Act 1993, ss13(1) & 13(2)
* In Malaysia-there is no provision on Charity neither on Cy-près
* Depends very much of the width of the charitable intent
* Divided into two: 1) Initial Failure 2) Subsequent Failure /Supervening impossibility
Initial Failure
* Property is given to charity which ceases to exist at the date the gift takes effect.
* The charitable organisation existed at the when the gift was made but ceased on the date it is to be executed.
* Eg : A make a will to give RM1million to XXX charity in 1995 . A died in 2002. XXX charity ceased in 2000.
a) Width of charitable intent
* Where a charitable trust fails as being effective on the date of the gift, the gift will lapse of the property will apply cy pres
* Only if the court finds a wider intent, cy pres will be applicable.
RE RYMER [1984] 1 Ch 143 * A legacy to the rector for the time being of ST Thomas Seminary for the education of the price for the diocese of Westminister.
* When the ttor died the Seminary ceased to exist and students has been transferred to anor seminary in Birmingham * Held : Gift failed
* Buckley J : The task of the court : to consider whether it was an essential part of the testator’s intention that his benefaction should be carried into effect in all respects in the particular manner indicated and no other OR
* Whether his true intention was to make a gift for charitable purposes without
The Students will be able to
* Restate the concept of Cy-près
* Apply the doctrine of Cy-près
* Solve and relate the doctrine of Cy-près to the present circumstances
MEANING
* derived from Norman-French term :‘ici-pres’ which means ‘near this’
* ‘aussi pres’ : as near as possible
* The courts are willing for the funds to be applied to other objects which are as near as possible to the settlor’s intention.
The Law
* In England there is an express provision on Cy-près under the Charity Act 1993, ss13(1) & 13(2)
* In Malaysia-there is no provision on Charity neither on Cy-près
* Depends very much of the width of the charitable intent
* Divided into two: 1) Initial Failure 2) Subsequent Failure /Supervening impossibility
Initial Failure
* Property is given to charity which ceases to exist at the date the gift takes effect.
* The charitable organisation existed at the when the gift was made but ceased on the date it is to be executed.
* Eg : A make a will to give RM1million to XXX charity in 1995 . A died in 2002. XXX charity ceased in 2000.
a) Width of charitable intent
* Where a charitable trust fails as being effective on the date of the gift, the gift will lapse of the property will apply cy pres
* Only if the court finds a wider intent, cy pres will be applicable.
RE RYMER [1984] 1 Ch 143 * A legacy to the rector for the time being of ST Thomas Seminary for the education of the price for the diocese of Westminister.
* When the ttor died the Seminary ceased to exist and students has been transferred to anor seminary in Birmingham * Held : Gift failed
* Buckley J : The task of the court : to consider whether it was an essential part of the testator’s intention that his benefaction should be carried into effect in all respects in the particular manner indicated and no other OR
* Whether his true intention was to make a gift for charitable purposes without