 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 . 
