Cy-près Doctrine

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  • Created by: Edward
  • Created on: 23-02-17 11:11
Attorney General v City of London (1790)
 Here, aims of trust were the advancement and propagation of Christian religion among infidels of Virginia; held: stated purpose had become impossible as there were no infidels left in Virginia; cy-près was allowed
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Re Lysaght (1966)
held: court deleted religious discrimination clause under its cy-près powers
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Kings v Bultitude (2010)
Here, no gen char int could be discerned where the testator made a residuary bequest to a church in which she had been the leading member and, to which she had devoted all her time and energy; held: her intention was specific
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Re Rymer (1895)
Here, there was a specific intention to benefit a seminary for priests that no longer existed; there could be no cy-près as it was viewed as a gift to a particular body for a particular purpose
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Re Spence (1979)
Here, there was initial failure of a gift to named old people’s home that ceased to exist; as the gift could not be construed as being to the old in the area, there was no gen char int
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Biscoe v Jackson (1887)
held: money was applied cy-près as the specified purposes were only two methods of helping the poor of Shoreditch; the charitable intention was gen and not specific
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Re Harwood (1936)
held: re Belfast gift, court allowed cy-près as a GCI must be attributed to a donor who incorrectly identified the beneficiary of the gift; re Wisbech gift, could not be cy-près; could not identify a GCI when the charity specified was correctly ident
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CA 2011, s 311
• Named charity may have ceased to function, but may still be continuing in another form; the gift may still take effect e.g. Re Faraker (1912)
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Re Finger’s Will Trusts (1972)
court found on particular facts (and applying common sense) that the testatrix had a paramount charitable intention and so the gift was applied cy-près
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Re Jenkins (1966)
When a failed charitable gift is one of a no of other charitable gifts in the same doc (e.g. the same will), the trad rule is that this ***’n does not make it easier to discern a gen char int
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Re Satthertewaite’s Will Trust (1966)
8 animal charities selected at random from phonebook; one had never existed, but the court was able to infer a gen char int and apply the money cy-près
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Philips v RSPB (2012)
New Forest Owl Sanctuary Ltd ceased to function, but was only struck off the companies register some weeks after settlor’s death; known as subsequent failure; the cy-près doctrine will apply here irrespective of whether or not there is a gen char int
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Re Slevin (1891)
money dedicated to orphanage; although orphanage existed at testator’s death, ceased to operate before money came into its hands; still, money became legally vested in it on testator’s death; held: considered a straightforward case of subsequent fail
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Re King (1923)
gift made to provide a stained-glass window in a church; on completion of work, there remained a residue of over £1,000; held: surplus could be applied cy-près even though there was no gen char int shown by donor; it had already been dedicated to cha
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Re Wright (1954)
held: dedication to charity occurred in 1933 and so the gift could be applied cy-près without need of finding any paramount char int
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CA 2011, s 62
extends circum’s in which cy-près is available and allows court and charity commission to order a cy-près scheme on basis of convenience and efficacy
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CA 2011, s 62(2)
property can be applied to take into account not only the spirit of the gift, but also social and economic circum’s prevailing at time of proposed alteration of original purposes
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CA 2011, s 61(5)
 trustees must take nec steps to ensure that the charity’s property is used effectively and approp’y
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CA 2011, 62(1)
cy-près inapprop where:original purposes have as far as may be been fulfilled;original purposes provide a use for part only of the donated money;property will be more effectively used in conjunction with other property; area/class ceased exist/suitab
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Re Lepton’s Charity (1972)
a will dated 1715 directed that £3 per annum was to be paid to the local minister and any surplus income to the poor; by 1970, trust income had risen from £5 to £800; court increased minister’s stipend to £100 per annum; modern conditions entailed th
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Re North Devon and West Somerset Relief Fund (1953)
• surplus funds raised for those suffered in 1952 floods applicable cy-près; contributors parted with their money out-and-out and did not intend that surplus, if any, would be returned to them should immediate object of charity come to end; original
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Peggs v Lamb (1994)
cy-près scheme was authorised in circum’s where a charitable purpose, which was originally for benefit of the freeman of a borough, was enlarged to cover the inhabitants of the borough as a whole; because, those who would qualify as freeman had decli
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Varsani v Jesani (1998)
Here, court enabled a gift to be divided between two conflicting groups of a Hindu sect
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White v Williams (2010)
• Lewisham congregation sought to have church buildings transferred to them cy-près; Lewisham church building had throughout been in the control of Bibleway trustees, who now ceased to be part of Lewisham congregation and had no meaningful connection
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CA 2011, s 63
first presumption= property donated for specific charitable purposes which suffer from initial failure can be applicable cy-près as though the donation was for gen charitable purposes
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CA 2011, s 64
second presumption= assumes that the donors are unidentifiable for purposes of s 63 without need to advertise or make inquiry
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CA 2011, s 65
re property given for spec char purposes in response to solicitation e.g advert or offer; if the solicitation is accompanied by a statement to the effect that, if the purposes fail, the property will be applied cy-près then this will prevail
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Other cards in this set

Card 2

Front

held: court deleted religious discrimination clause under its cy-près powers

Back

Re Lysaght (1966)

Card 3

Front

Here, no gen char int could be discerned where the testator made a residuary bequest to a church in which she had been the leading member and, to which she had devoted all her time and energy; held: her intention was specific

Back

Preview of the back of card 3

Card 4

Front

Here, there was a specific intention to benefit a seminary for priests that no longer existed; there could be no cy-près as it was viewed as a gift to a particular body for a particular purpose

Back

Preview of the back of card 4

Card 5

Front

Here, there was initial failure of a gift to named old people’s home that ceased to exist; as the gift could not be construed as being to the old in the area, there was no gen char int

Back

Preview of the back of card 5
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