 Trusts where the doctrine is applicable are divided into two groups ; those with subsequent failure , where the trust 's purpose has failed after it came into operation , and initial failure , where the trust 's purposes are immediately invalid . Subsequent failure cases simply require the redirection of the funds to the nearest possible purpose , since there is no question of allowing the settlor 's next of kin to inherit the money . Initial failure cases , however , require not just a decision on whether the purpose has failed , but also on whether the funds should be subject to cy @-@ près or returned to the estate in a resulting trust . This is decided based on the charitable intention of the settlor , something determined on the facts of each individual case . 
