Law Offices of James W. Mallonee, P.A.
Port Charlotte 941-206-2223
Venice 941-207-2223
Helping individuals & families across Florida with their legal matters since 2005

Estate Planning Newsletter

  • The Uniform International Wills Act and U.S. Law
    The Convention on the Form of an International Will (the “Convention”) was drafted and presented to the international community in 1973. The Convention was signed and ratified by a number of countries, including Canada and... Read more.
  • The Effect of Inheritance on Child Support Payments
    The federal Child Support Enforcement Act of 1984 requires each state to develop its own set of systematic guidelines for calculating awards of child support. Generally, state child support guidelines are based on the parents’... Read more.
  • Uses of Life Insurance
    There are numerous uses for life insurance. Some are obvious; others are very creative. Some of the most common uses include paying estate taxes, estate administration, inheritance equalizing and many others. Estate Taxes... Read more.
  • Filing a Death Claim When an Insured Person Dies
    The beneficiary of a life insurance policy is the person entitled to receive the death benefit of the policy when the insured person dies. In order to collect on a death benefit claim, the beneficiary must usually comply with specific... Read more.
Estate Planning News Links

The Cy Pres 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.

Share This Page:
Designed and Powered by NextClient

© 2013 - 2018 Law Offices of James W. Mallonee, P.A. All rights reserved.
Custom WebExpress™ attorney website design by NextClient.com.

Quick Contact Form - Tab
Captcha Image