If a trust is created and its assets are intended for a particular charitable purpose that becomes unlawful, impracticable, or impossible to achieve, the trust shall not fail. In that case, the court shall instruct the trustee to apply the assets to another charity that falls within the general intention of the trustor.
However, if the trustor has provided in the trust instrument that, upon the trust’s termination, the assets shall revert to him or his heirs, such provision shall prevail over any power of the court to apply the aforementioned cy pres rule.
History —Aug. 31, 2012, No. 219, § 67.