Iowa Code

Iowa Code § 633A.5102 (2026)

Application of cy pres

✓ current as of July 2026
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Unless the terms of the trust provide to the contrary the following apply:

1. A charitable trust does not fail, in whole or in part, if a particular purpose for which the trust was created becomes impracticable, unlawful, or impossible to fulfill.

2. If a particular charitable purpose for which a trust was created becomes impracticable, unlawful, or impossible to fulfill, the court may modify the terms of the trust or direct that the property of the trust be distributed in whole or in part in a manner best meeting the settlor’s general charitable purposes. If an administrative provision of a charitable trust becomes impracticable, unlawful, impossible to fulfill, or otherwise impairs the effective administration of the trust, the court may modify the provision. 99 Acts, ch 125, §86, 109 C2001, §633.5102 2005 Acts, ch 38, §54 CS2005, §633A.5102 \n

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 2007–2026 · leading case: Kolb v. City of Storm Lake, 736 N.W.2d 546 (Iowa 2007).
Kolb v. City of Storm Lake, 736 N.W.2d 546 (Iowa 2007). · cites it 47× “[ 7 ] Iowa Code § 633A.5102. We have never before construed this section, but we are aided by what we have said regarding the common law doctrine of cy pres.”
Norman J. Kolb, Tr. Of The Robert James Kolb Mem'l Trust Vs. City Of Storm Lake, Iowa (Iowa 2007). · cites it 42× “38, § 54 (codified at Iowa Code § 633A.5102 (2007)). In addition, all citations in this opinion are to the 2007 Iowa Code unless otherwise indicated.”
In the Matter of the Application of Coe Coll. for Interpretation of Purported Gift Restrictions v. Coe Coll. (Iowa 2019). · cites it 12× “106, part of the Uniform Prudent Management of Institutional Funds Act (UPMIFA), nor the common law doctrine of cy pres, codified at Iowa Code section 633A.5102, applied; accordingly, the court declined to modify the restriction.”
In Re Ezra L. Totton Scholarship (Iowa 2026). · cites it 4× “125, § 86 (codified at Iowa Code § 633A.5102 (2001)); see also In re Coe Coll.”
— Iowa Code § 633A.5102(1) — 2 cases
Kolb v. City of Storm Lake, 736 N.W.2d 546 (Iowa 2007). “[ 7 ] Iowa Code § 633A.5102. We have never before construed this section, but we are aided by what we have said regarding the common law doctrine of cy pres.”
Norman J. Kolb, Tr. Of The Robert James Kolb Mem'l Trust Vs. City Of Storm Lake, Iowa (Iowa 2007). “38, § 54 (codified at Iowa Code § 633A.5102 (2007)). In addition, all citations in this opinion are to the 2007 Iowa Code unless otherwise indicated.”
— Iowa Code § 633A.5102(2) — 3 cases
Kolb v. City of Storm Lake, 736 N.W.2d 546 (Iowa 2007). “[ 7 ] Iowa Code § 633A.5102. We have never before construed this section, but we are aided by what we have said regarding the common law doctrine of cy pres.”
Norman J. Kolb, Tr. Of The Robert James Kolb Mem'l Trust Vs. City Of Storm Lake, Iowa (Iowa 2007). “38, § 54 (codified at Iowa Code § 633A.5102 (2007)). In addition, all citations in this opinion are to the 2007 Iowa Code unless otherwise indicated.”
In Re Ezra L. Totton Scholarship (Iowa 2026). “125, § 86 (codified at Iowa Code § 633A.5102 (2001)); see also In re Coe Coll.”
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