{"data":{"id":"us-ar/ark.-code-ann.-28-73-413","jurisdiction":"us-ar","citation":"Ark. Code Ann. § 28-73-413","heading":"Cy pres","body":"(a) Except as otherwise provided in subsection (b), if a particular charitable purpose becomes unlawful, impracticable, impossible to achieve, or wasteful: (1) the trust does not fail, in whole or in part; (2) the trust property does not revert to the settlor or the settlor's successors in interest; and (3) a court may apply cy pres to modify or terminate the trust by directing that the trust property be applied or distributed, in whole or in part, in a manner consistent with the settlor's charitable purposes. (b) A provision in the terms of a charitable trust that would result in distribution of the trust property to a noncharitable beneficiary prevails over the power of a court under subsection (a) to apply cy pres 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 living; or (2) less than thirty (30) years have elapsed since the date of the trust's creation. Acts 2005, No. 1031, § 1.\n\n(a) Except as otherwise provided in subsection (b), if a particular charitable purpose becomes unlawful, impracticable, impossible to achieve, or wasteful: (1) the trust does not fail, in whole or in part; (2) the trust property does not revert to the settlor or the settlor's successors in interest; and (3) a court may apply cy pres to modify or terminate the trust by directing that the trust property be applied or distributed, in whole or in part, in a manner consistent with the settlor's charitable purposes.\n\n(1) the trust does not fail, in whole or in part;\n\n(2) the trust property does not revert to the settlor or the settlor's successors in interest; and\n\n(3) a court may apply cy pres to modify or terminate the trust by directing that the trust property be applied or distributed, in whole or in part, in a manner consistent with the settlor's charitable purposes.\n\n(b) A provision in the terms of a charitable trust that would result in distribution of the trust property to a noncharitable beneficiary prevails over the power of a court under subsection (a) to apply cy pres 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 living; or (2) less than thirty (30) years have elapsed since the date of the trust's creation.\n\n(1) the trust property is to revert to the settlor and the settlor is still living; or\n\n(2) less than thirty (30) years have elapsed since the date of the trust's creation.","path":["AR Code","Title 28","Chapter 73","Subchapter 4"],"source_url":"https://oss-data-us.vaquill.ai/v2026.08/us_ar_statutes.parquet","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:41Z","sha256":"228216a493f828a76b2979860b7b608947fee46f84e0bd0193585737ecb1bd07","source_id":"us-ar","stale":false,"prev":"us-ar/ark.-code-ann.-28-73-412","next":"us-ar/ark.-code-ann.-28-73-414"},"notice":"GroundRules: Original legal text. Not legal advice."}