Section 456.4-413 - Cy pres1. Except as otherwise provided in subsection 2 of this section, 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) the 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.2. 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 the court under subsection 1 of this section 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) fewer than twenty-one years have elapsed since the date of the trust's creation. L. 2004H.B. 1511
Effective 1/1/2005