Deck 16: Cy-Près

Question 1

The doctrine of cy-près can apply when a charitable gift fails.

Answer 1

True

Question 2

In Re Lepton's Charity (1972) Ch 276 it was held that the court would consider the 'spirit of the gift' when deciding whether the cy-près doctrine applies.

Answer 2

True

Question 3

Which case held that a gift left for the purposes of an unincorporated association will not be subject to the cy-près doctrine as long as those purposes continue?

A)Re Finger's Will Trusts
B)Re Bones' Will Trusts
C)Re Eyelids' Will Trust
D)Re Fingernails' Will Trusts

Answer 3

A

Question 4

Which of these are situations where general charitable intention must be considered?

A)initial failure
B)inter vivos failure
C)post-mortem failure
D)subsequent failure

Question 5

What is the doctrine of cy-près?

Question 6

When does subsequent failure arise?

Question 7

Where there is a gift to several charities and one non-charitable organisation, would this be sufficient to suggest that the testator had a general charitable intention?

Question 8

Is it appropriate to consider other, non-charitable, bequests that a testator made in his will when analysing the testator's general intention?

Question 9

Which case highlights that an area may be redefined if the class of people that the settlor stated to benefit from his charitable trust ceases to exist?

Question 10

Section 65 of the Charities Act 2011 provides that the donor can request the return of his gift instead of it being given cy-près to another charity if his original charity fulfils its purpose or otherwise fails.

Question 11

An anonymous donor under section 63 of the Charities Act 2011 would not include a person who contributes to a charity through a collecting tin in a street or who buys a lottery ticket to support the good cause.

Question 12

Cy-près will apply in every situation where a charity fails.

Question 13

If the charity continues in another form, the charitable gift will not have failed.

Question 14

General charitable intention must be shown before a gift can be transferred to another recipient under the cy-près doctrine.

Question 15

Any recipient can receive a failed charitable gift under the doctrine of cy-près.

Question 16

Initial failure occurs when the recipient institution had ceased to exist before the testator's death.

Question 17

Section 62 of the Charities Act 2011 has widened out when a cy-près scheme may be permitted.

Question 18

A cy-près scheme can be put into effect if it was thought that using the money in a different way would be a better use of the testator's gift.

Question 19

Where a whole property has been given as a charitable gift but the testator has only provided a use for part of it, the charitable purpose can be enlarged to cover the gift as a whole.

Question 20

What does section 63 of the Charities Act 2011 deal with?