Changing the purpose of a charitable trust
You may be able to change the purposes of a charitable trust or gift in Queensland. The trustee of an eligible trust may apply to the Attorney-General and pay a fee.
Learn about
- What you should know
- Who can apply
- How to apply to change the purpose of a charitable trust
- How long it takes
- How much it costs
In short
If you are the trustee, you can use this process to:
- apply to change the trust’s purpose.
You must submit your application and supporting documents by email or by post.
What you should know
A charitable trust may not be able to be used the way the person who donated it wanted. This could happen if:
- the recipient of the gift no longer exists
- the donation goal is already met
- it’s no longer possible or practical to use the money for the original purpose.
The person in charge of the trust (called the trustee) might need to change the trust’s purpose. They must make sure the trust property is still used in a way that’s as close as possible to what the donor wanted. The plan to do this is a cy pres scheme, meaning ‘as near as possible’.
An application can be made to the court or the Attorney-General to approve the scheme. This is a cy pres application.
What the laws says
The Trusts Act 2025 (the Act) may allow a charitable trust’s purpose to be changed. This is achieved by:
- court order, or
- application to the Attorney-General for eligible trusts.
Certain conditions must be met.
When considering changing the purpose of a charitable trust—you may want to get independent legal advice.
Who can apply
| You can submit a cy pres application to the Attorney-General if: |
|---|
| Correct.you are the trustee |
| Correct.you want to change the purposes of the trust to allow the trust property to be applied cy pres |
| Correct.the purpose of the trust has not been changed before by the court, and |
| Correct.the value of the trust property is up to $750,000 under section 68 of the District Court of Queensland Act 1967. |
| Don't submit if: |
|---|
| Incorrect.the value of the property trust is over $750,000 Instead, application may be made to the Supreme Court under section 201 of the Act. |
| Incorrect.the trust has been changed by court order already Instead, application may be made to the Supreme Court under section 202(1)(b) of the Act. |
How to apply to change the purpose of a charitable trust
A cy pres application to the Attorney-General must:
- be completed in full in the approved form
- include a certified copy of all required documents, and
- be accompanied by the fee.
How long it takes
Processing times will vary depending on the complexity of the application.
The application will not be considered until you pay the fee.
If more information or documents are needed, it will take longer.
How much it costs
The fee you pay is for you to submit your cy pres application and for the Attorney-General to review it.
Fees are based on the value of the trust property.
If there is more than 1 trustee, and 1 is a corporation, the corporate trustee fee is payable.
For an individual
- $500,000 or less: $500
- Above $500,000 up to $750,000: $750
For a corporate trustee
- Up to $750,000: $1,250