For cy pres reform of a charitable trust, which condition must be met?

• A. The donor had specific charitable intent
• B. The gift is not charitable
• C. The language indicates general charitable intent
• D. The court must find that the trust has a functioning trustee

Answer: (C)

Cy pres is used to salvage a charitable trust when the exact gift cannot be carried out, by steering it to a closely related charitable purpose. The key factor is the donor’s intent as stated in the trust instrument. If the language shows only general charitable intent—meaning the donor intended to benefit charity broadly rather than designate a specific recipient or narrowly defined object—the court may modify the plan to a valid charitable purpose that aligns with that general intent. That flexibility preserves the charitable gift even when the original mechanism isn’t feasible.

So the必s condition is that the language indicates general charitable intent. If the donor specified a particular charity or a precise object, cy pres wouldn’t apply because the precise intent must be honored. If the gift isn’t charitable, cy pres has no basis. The existence of a functioning trustee isn’t the controlling factor—the court can reform the purpose to a suitable charity that furthers the general charitable aim.