 The cy @-@ près doctrine applies to two types of situations : subsequent failures and initial failures . Subsequent failures are where money has already been applied to a charitable purpose , and that purpose has failed . It does not allow the next of kin of the original donor to recover any money , as said in Re Wright : " Once money has been effectually dedicated to charity , whether in pursuance of a general or a particular charitable intent , the testator 's next of kin or residuary legatees are forever excluded " . The courts instead simply determine whether or not the reason for failure falls within Section 13 , based on the basic intention underlying the original gift . 
