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Simple English definitions for legal terms
pres
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A quick definition of pres:
Term: PRES
Definition: PRES is short for "pray" and is a legal term used in the context of the cy pres doctrine. This doctrine allows a court to reform a written instrument, such as a will or deed, with a gift to charity as closely to the donor's intention as possible, so that the gift does not fail. Essentially, if a donor's original charitable purpose cannot be fulfilled, the court will use cy pres to distribute the gift to a charity that will advance the interests of the class. This doctrine is also used to avoid violating the rule against perpetuities.
A more thorough explanation:
PRES (pray) is a term used in Law French that means "near." It is often used in the legal term cy pres, which means "as near as possible."
The cy pres doctrine is an equitable doctrine used by courts to reform a written instrument with a gift to charity as closely to the donor's intention as possible, so that the gift does not fail. This is often used when the donor's original charitable purpose cannot be fulfilled.
For example, if a donor leaves money to a charity that no longer exists, the court may use the cy pres doctrine to distribute the money to a similar charity that will advance the donor's intended interests.
In addition to its use in the cy pres doctrine, PRES can also refer to a statutory provision that allows a court to reform a will, deed, or other instrument to avoid violating the rule against perpetuities.
For example, if a will leaves property to a person who is not yet born and the will violates the rule against perpetuities, the court may use the PRES provision to reform the will and ensure that the property is distributed in accordance with the donor's intentions.
Overall, PRES is a legal term that refers to the court's ability to reform a written instrument to ensure that the donor's intentions are carried out as closely as possible.