The cy pres doctrine allows California probate courts to modify the terms of a will, trust, or charitable gift when the original instructions cannot be carried out, enabling the court to honor the deceased person's intent as closely as possible.
Understanding the Cy Pres Doctrine
The term 'cy pres' derives from an old French phrase, "cy pres comme possible," which means "as close as possible" in English. Estate plans, like life, can change in unexpected ways, and when the terms of a will, gift, or trust cannot be executed according to the original estate plan, the cy pres doctrine gives California probate courts authority to analyze the decedent's intent and enact their last wishes.
When Cy Pres Is Applied
Common situations where cy pres might be necessary include:
- Charitable beneficiaries that no longer exist or have changed their mission
- Specific bequests that have become impossible to fulfill
- Trust purposes that are no longer legal or practical
- Beneficiaries who cannot be located or have died without heirs
- Changed circumstances that make the original plan impractical
Charitable Gifts and Cy Pres
If a deceased person intended to leave a cash gift to a preferred charity, but that charity is no longer active when probate begins, the court may exercise its discretion to honor the decedent's charitable intent.
The Internal Revenue Service provides specific guidance on cy pres charitable donations, stating that a state-level probate court may "substitute another charitable object which is believed to approach the original charitable purpose as closely as possible."
The Purpose and Benefits of Cy Pres
A will, trust, or other estate planning document could be contested if significant circumstantial changes negate or nullify its intent. However, California typically presumes that most adults have the legal capacity to make their own estate planning decisions.
Key benefits of the cy pres doctrine:
- Preserves the decedent's intent rather than voiding their estate plan
- Prevents estates from falling into intestacy due to impossible conditions
- Allows charitable intentions to be fulfilled even when specific charities no longer exist
- Provides judicial flexibility to address unforeseen circumstances
If an estate cannot be distributed as defined in the estate documents, the court may act on a cy pres petition, allowing the judiciary to adhere to a decedent's wishes instead of voiding their estate plan and resolving the estate through intestate proceedings.
Planning to Avoid Cy Pres Issues
While cy pres can be helpful, it's better to plan ahead to avoid the need for court intervention:
Charitable Giving Strategies
- Name alternate charitable beneficiaries
- Use broader charitable purposes rather than specific organizations
- Consider charitable remainder trusts with flexible beneficiary provisions
Trust and Will Provisions
- Include contingency clauses for changed circumstances
- Provide clear guidance about your overall intentions
- Update your estate plan regularly to reflect current circumstances
- Work with experienced California estate planning attorneys
Proper estate planning can minimize the need for cy pres applications while ensuring your intentions are carried out. Our experienced team at Kavesh, Minor & Otis helps clients create comprehensive estate plans that account for changing circumstances and provide clear guidance for executors and trustees.
Contact us today to ensure your estate plan includes appropriate contingencies and clearly expresses your intentions.
