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Fla. Stat. § 736.0415 – Florida Statutes

Text of Fla. Stat. § 736.0415

Reformation to correct mistakes.—Upon application of a settlor or any interested person, the court may reform the terms of a trust, even if unambiguous, to conform the terms to the settlor’s intent if it is proved by clear and convincing evidence that both the accomplishment of the settlor’s intent and the terms of the trust were affected by a mistake of fact or law, whether in expression or inducement. In determining the settlor’s original intent, the court may consider evidence relevant to the settlor’s intent even though the evidence contradicts an apparent plain meaning of the trust instrument.

History of Fla. Stat. § 736.0415

Fla. Stat. § 736.0415 became law on July 1, 2007 as part of the Florida Trust Code. It has not been amended or revised since that date.