Cy pres

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Except as otherwise provided in the terms of the trust, if a particular charitable purpose is or becomes unlawful, impracticable, impossible to achieve, or wasteful:

(1) The trust does not fail, in whole or in part;

(2) The trust property does not revert to the settlor or the settlor’s successors in interest; and

(3) The court may apply cy pres to modify or terminate the trust by directing that the trust property be applied or distributed, in whole or in part, in a manner consistent with the settlor’s charitable purposes.

(Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)

Section References

This section is referenced in § 19-1304.10.

Editor's Notes

Uniform Law: This section is based upon § 413 of the Uniform Trust Code.


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