Laila J Kepler Passing on the legacy
family-centered
estate planning
Call today to schedule your
free confidential consultation*
(951) 265-9716

Estate Planning Newsletter

The 'As Near As Possible' Rule

If you create an estate planning document leaving property to a charity, but after your death the transfer cannot occur, the court may apply the cy pres rule.

The words “cy pres” are French for “as near.” If your charitable wishes cannot be achieved, the court uses this doctrine to attempt to fulfill your wishes as near to your original wishes as possible.

Why a Gift May Be Non-Transferable

Your charitable gift may not be transferable to your chosen charity because that charity:

  • Refuses to accept it
  • Could not be identified
  • No longer exists on the date of your death

Additionally, a gift may not be possible due to the fact that you:

  • Identified more than one charity in an ambiguous manner
  • Failed to name a specific charity as recipient
  • Failed to specify a charitable purpose

Under cy pres, when your charitable gift cannot be transferred to the organization specified in your trust, it may be given to a related charity that has a related charitable purpose.

Limited Application

The cy pres rule typically will not be applied unless there is no way your particular charitable purpose is possible. Courts are reluctant to second guess intent, so the rule may not be applied if you have not clearly articulated a charitable intent.

  • The Meaning of Probate
    Probate, a Latin term meaning “to prove the will,” is a court-supervised process that settles a person’s affairs after death. To ensure that the decedent’s final matters and wishes are handled correctly... Read more.
  • Tax Consequences When a Marital Settlement Agreement Requires Life Insurance
    Many marital settlement agreements require one party to maintain a life insurance policy on his or her life naming the former spouse as the primary beneficiary. While this provides some financial security for the former spouse, it may... Read more.
  • Conservators of the Person and of the Estate
    A “conservator” is a court-appointed individual assigned to handle the daily affairs of those who cannot care for themselves due to physical or mental limitations (the “conservatee”). Conservatorships are... Read more.
  • Getting Rid of an Executor or Administrator
    State laws and procedures typically govern the administration of an estate. For this reason, the law varies among jurisdictions. However, in 1969, a “Uniform Probate Code” (Uniform Code) was introduced. Since that time,... Read more.
Estate Planning News Links
Share This Page:
Our law firm represents estate planning clients from Riverside County, North County San Diego, Temecula, Murrieta, Lake Elsinore, Canyon Lake, Wildomar, De Luz, Fallbrook, Bonsall, Escondido, Valley Center, Rainbow, Hemet, Riverside, Menifee, Sun City, Canyon Heights, Canyon Lake, Quail Valley, Pechanga, and Pala. Our law firm focuses on California estate planning, wills, trusts, estates, probate administration, trust administration, asset protection, and entity formation. Practicing as an estate planning attorney, trust attorney, and probate attorney, Laila Kepler guides her clients through life's changes.