Write a short note on the doctrine of cypres relating to trusts.

CS Executive · Economic and Commercial Laws · PYQS · December 2016
Write a short note on the doctrine of cypres relating to trusts.

Answer & Explanation:

Where the object of the charitable trust, specified by the settler, is or subsequently becomes impossible or impracticable or unlawful, the trust will not necessarily fail, but the Court has power to apply the trust to some other charitable object as nearly as possible resembling the intention of the author. This power of the Court is known as "doctrine of cypres". When a particular mode of charity indicated by the author is not capable of being carried out, yet a general intention of charity, is indicated by the author of the trust, the Court would execute it 'cypres' i.e. in a way as nearly as possible to that which testator specified.

Topics: Trusts Act

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