Section 104Part 1 — Trusts Act
Cy-près
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If the execution of a special trust in accordance with its terms is or becomes in whole or in part —
impossible or impracticable;
unlawful or contrary to public policy; or
obsolete in that, by reason of changed circumstances, it fails to achieve the general intent of the special trust, the trustee shall, unless the trust is reformed pursuant to its own terms, apply to the court to reform the trust cy-près or, if or insofar as the court is of the opinion that it cannot be reformed consistently with the general intent of the trust, the trustees shall dispose of the trust property as though the trust or the relevant part of it has failed.
Section 72 does not apply to special trusts.