Charitable Trusts & Cy Pres
Trusts · Lesson 05
Charitable Trusts & Cy Pres
這一課問的是：本信託是否為有效慈善信託？目的不能時可否以 cy pres 拯救？
ActorActObjectStandardConsequence
Visual Scene · the picture in your head
Issue. Is the trust a valid charitable trust — and may cy pres save it when the purpose becomes impossible?
這一課問的是：本信託是否為有效慈善信託？目的不能時可否以 cy pres 拯救？
Core Terminology · 7 must-know
Tap a card to flip and reveal the meaning.
charitable trust
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Trust for charitable purposes — public benefit.
慈善信託。
charitable purpose
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Education, religion, poverty relief, health, government.
慈善目的。
RAP exemption
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Charitable trusts exempt from RAP.
RAP 例外。
cy pres
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Court redirects trust to similar purpose when original impracticable.
cy pres。
general charitable intent
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Required for cy pres.
一般慈善意圖。
indefinite beneficiaries
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Charitable trusts may have indefinite beneficiaries.
受益人可不確定。
AG enforcement
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Attorney General enforces charitable trusts.
司法部長執行。
Issue · what this lesson is really about
Is the trust a valid charitable trust — and may cy pres save it when the purpose becomes impossible?
這一課問的是：本信託是否為有效慈善信託？目的不能時可否以 cy pres 拯救？
Trigger words & phrases that should flag this issue:
charityeducationalreligiouscy presgeneral charitable intent
Expression Bank · how lawyers actually say it
Six function → sentence patterns. Use these in essay applications.
| Function | English sentence | 中文 |
|---|---|---|
| State requirements | Charitable trust requires charitable purpose, indefinite beneficiaries (or class). | 慈善信託須慈善目的、不特定受益人。 |
| Apply RAP | Charitable trusts are exempt from RAP. | 慈善信託免 RAP。 |
| Apply cy pres | Cy pres redirects trust to similar purpose where original becomes impracticable. | cy pres 重定向至類似目的。 |
| Apply general intent | General charitable intent required for cy pres; specific intent may cause resulting trust. | 須一般慈善意圖；特定意圖則 resulting trust。 |
Rule Sentence · the workhorse
A charitable trust requires a charitable purpose (education, religion, poverty relief, health, government), is exempt from the Rule Against Perpetuities, and is enforceable by the Attorney General; under cy pres, courts may redirect a charitable trust to a similar purpose when the original becomes impracticable, provided the settlor had general charitable intent.
Sentence Anatomy · 5 roles, 5 colors
Every rule sentence breaks into five visual roles.
Actor 行為人settlor設立人
Act 行為creating charitable trust設立慈善信託
Object 對象charitable purpose慈善目的
Standard 法律標準charitable purpose + cy pres慈善目的 + cy pres
Consequence 後果trust valid + AG-enforced信託有效 + 司法部長執行
Casebook Snapshot · a real American case
In re Estate of Buck
Holding. A charitable trust providing for $9M to Marin County's poor was held to be administered only for Marin County, despite the relatively modest local need; absent inefficiency rising to impracticability, cy pres does not authorize redirecting funds simply because better uses exist elsewhere.
Why it matters. Buck shows cy pres's limits: it requires impracticability, not just suboptimal use; settlor intent prevails when possible.
Buck：cy pres 要求不可能，非僅次佳。
Common Mistakes · what trips students
✗ charitable trust 須 specific beneficiaries。
✓ Indefinite beneficiaries permitted.
可不特定。
✗ charitable trust 受 RAP 限制。
✓ Exempt from RAP.
免 RAP。
Mini IRAC · build the Application
Issue. May cy pres redirect S's trust providing scholarships to students at "the school of medical electricity at the University of X" when the school closed in 1900?
Rule. Cy pres permits a court to redirect a charitable trust to a similar purpose when the original purpose becomes impracticable, provided the settlor had general charitable intent.
Application (model). The school of medical electricity has long since closed; S's broader purpose was to support medical education. Because cy pres applies when the original purpose becomes impracticable and the settlor had general charitable intent, the fact that the school no longer exists and S's broader purpose of supporting medical education can be effectuated by directing funds to a similar successor or related program means cy pres applies.
Pick the right element for each blank:
g1.
g2.
Conclusion. Therefore, the court may redirect the trust to support medical education at a comparable institution.
MBE Check · multiple choice
S's will leaves $1M "to my city for charitable purposes." Is this trust valid?
Practice Drill · tap to build the rule
Drop the chips here in correct order:
Tap chips to add → tap chips in the target to remove: