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Uniform Trust Code The UTC codifies that cy-pres applies only to charitable trusts where the original particular purpose of the trust has become impossible or impracticable, and the terms of the trust do not specify what is to happen in such a situation.
Subject to the terms of the trust deed, the trustee can distribute income or capital to a charity.
Naming a charity as a life insurance beneficiary is simple: Write in the charity name and contact information when you choose or change your beneficiaries. You can name multiple beneficiaries and specify what percentage of the death benefit should go to each.
The cy pres doctrine is used by courts to distribute charitable gifts when the intended beneficiary of the gift is unavailable or the bequest is no longer feasible.
Cy pres is a French term that roughly translates to as near as possible. Courts employ cy pres remedies in the settlement context wheneven with no oppositionclass counsel cannot or will not identify the class members to whom damages are owed.
Testamentary trusts are discretionary trusts established in Wills, that allow the trustees of each trust to decide, from time to time, which of the nominated beneficiaries (if any) may receive the benefit of the distributions from that trust for any given period.
Trusts can be grouped into several different categories, but two of the most common are simple trusts and complex trusts. By definition, simple trusts are not permitted to make charitable contributions, as all the income generated through a simple trust must be distributed to the trust's beneficiaries.
Although we commonly think of trust beneficiaries as single individuals, it is also possible to name an organization, such as a charity, as the beneficiary of a revocable trust. The process of naming the charity as the beneficiary is virtually no different than the one used to name an individual.
The Doctrine of Cypres is the legal concept which gives Court the power to interpret the terms of a will, gift, or charitable trust. This doctrine can be invoked when the intention of the original document is not carried out and therefore, the court can interfere.
The cy pres doctrine means "as near as possible" - practically, this means that the court rewrites the charitable gift or trust so that it is no longer impossible or impracticable to carry out.