 Once it has been decided that the gift has failed, the courts consider whether the gift may be applied cy-près. The gift must show charitable intention; that the settlor intended not just a gift to a particular (failed) purpose or organisation, but a more general charitable intention. This is something decided on the facts of each individual case, but some general principles are in place; external evidence is admissible to override any prima facie interpretation that a gift is for non-charitable purposes, as in Re Satterthwaite's Will Trusts, and charitable intention can be found in cases where a non-existent charity is the recipient of the settlor's gift, as in Re Harwood.
