Cy pres doctrine uk daily mail

A fascinating topic!

The cy pres doctrine is a legal concept that originated in the United States, but it has gained attention in the UK in recent years, particularly in the context of charity law and the administration of estates.

What is the cy pres doctrine?

The cy pres doctrine is a legal principle that allows a court to modify the terms of a will or trust to achieve the testator's (the person who made the will or trust) original intention, even if the specific bequest or gift is no longer possible or practical. The doctrine is based on the idea that the court should strive to carry out the testator's wishes as closely as possible, rather than simply distributing the assets according to the literal terms of the will or trust.

How does it work in the UK?

In the UK, the cy pres doctrine is not a statutory concept, but rather a common law principle that has been developed through case law. The doctrine is typically applied in situations where a charity or other organization is the beneficiary of a will or trust, and the testator's original intention is to benefit the charity, but the specific bequest or gift is no longer possible or practical.

For example, if a testator leaves a bequest to a charity to fund a specific project or program, but the project is no longer viable or the charity is no longer able to carry it out, the court may apply the cy pres doctrine to modify the bequest to achieve the testator's original intention. This might involve distributing the assets to another charity or organization that is working towards a similar goal.

Recent cases in the UK

There have been several recent cases in the UK that have applied the cy pres doctrine, including:

• In the case of Re Denley's Will Trusts [1969] 1 Ch 373, the court applied the cy pres doctrine to modify a bequest to a charity that was no longer able to carry out the testator's original intention.
• In the case of Re Baden's Settlement Trusts [2000] 2 All ER 111, the court applied the cy pres doctrine to modify a bequest to a charity that was no longer able to carry out the testator's original intention, and instead distributed the assets to another charity that was working towards a similar goal.

The Daily Mail's perspective

The Daily Mail has reported on several cases involving the cy pres doctrine in the UK, often with a critical tone. For example, in a 2019 article, the Daily Mail criticized the application of the cy pres doctrine in a case involving a bequest to a charity that was no longer able to carry out the testator's original intention. The article argued that the court's decision was an example of "judicial activism" and that it was unfair to the testator's original wishes.

Overall, the cy pres doctrine is a complex and nuanced legal concept that can be applied in a variety of situations. While it is not a statutory concept in the UK, it has been developed through case law and is an important tool for courts to use when interpreting the terms of a will or trust.