Indiana § 30-4-3-27 - Cy pres doctrine

Full text of Indiana Indiana Code § 30-4-3-27 — Cy pres doctrine, with citation guidance and answers to common questions.

§ 30-4-3-27. Cy pres doctrine

Sec. 27. (a) If property is given to a trust for a benevolent public purpose and the property is to be applied to a particular charitable purpose, and it is or becomes impossible, impracticable, wasteful, or illegal to carry out the particular purpose, and if the settlor manifested a more general intention to devote the property to charitable purposes, the trust need not fail, but the court may direct the application of the property to some charitable purpose which falls within the general charitable intention of the settlor.

(b) The terms of a charitable trust that would result in the distribution of the trust property to a noncharitable beneficiary prevails over the power of the court under subsection (a) to apply the cy pres doctrine to modify or terminate the trust only if, when the provision takes effect:

(1) the trust property is to revert to the settlor and the settlor is still alive; or

(2) less than twenty-one (21) years have elapsed since the trust was created.

(c) A living heir of the settlor or a living beneficiary named in the original trust agreement may present evidence to the court of:

(1) the heir's or beneficiary's opinion of the settlor's intent; and

(2) the heir's or beneficiary's wishes;

regarding the property given in trust.

Formerly: Acts 1971, P.L.416, SEC.4. As amended by P.L.41-2000, SEC.3; P.L.238-2005, SEC.37.

Source: official Indiana text · Last verified 2026-08-27

Frequently Asked Questions About Indiana § 30-4-3-27

What does Indiana Code § 30-4-3-27 cover?

Section 30-4-3-27 ("Cy pres doctrine") is part of the Indiana Code, the codified statutory law of Indiana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Indiana § 30-4-3-27?

A common citation format is "Indiana Code § 30-4-3-27" (Indiana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Indiana law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Indiana official source linked on this page or consult a licensed Indiana attorney.

How does Indiana § 30-4-3-27 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Indiana can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Indiana.