Cy Pres Maxim

The Cy Pres Maxim is a legal doctrine allowing the modification of a charitable trust or will when it becomes impractical or impossible to fulfill the original intent of the donor. It enables courts to apply the funds in a manner that closely aligns with the donor's original purpose.

The principle originated in England, developed from the equitable doctrine of trusts, allowing flexibility in the administration of charitable gifts. Its formal adoption began in the 19th century through statutory reforms.

In modern law, the Cy Pres Maxim is frequently applied in cases involving charitable trusts where the original charitable purpose has become irrelevant or unachievable. Courts will typically redirect the funds to a similar charitable purpose that reflects the intent of the donor.

• A trust set up for a specific charity that has since closed may redirect its funds to a similar charity serving the same community need.
• If a scholarship fund is established for students attending a specific now-defunct school, the funds may be repurposed for a scholarship that benefits students in similar disciplines or geographic areas.

• Hartinger v. Smith, 267 Mich. App. 732 (2005)