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(p. 300) 12. Cy-près 

(p. 300) 12. Cy-près
(p. 300) 12. Cy-près

Sarah Wilson

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date: 25 February 2020

Course-focused and comprehensive, the Textbook on series provide an accessible overview of the key areas on the law curriculum. The doctrine of cy-près in charity law refers to a situation where property given on trust for charitable purposes cannot be used in the precise manner intended by the donor, the court (and, since about 130 years ago, the Charity Commissioners, and now the Charity Commission) may make a scheme for the application of the property for a purpose as close as possible the donor’s original intention. This chapter discusses cy-près development at common law and statutory approaches under the Charities Acts 2006 and 2011; beyond ‘failure’ and the alteration of charitable purposes using cy-près; cy-près and the Charities Act 1960; Section 13 and the Charities Acts of 1993 and 2006, and beyond; and the Charities Act 2011 and the modern law relating to cy-près as law fit for purpose in the twenty-first century.

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