Florida Inheritance Litigation: Reforming an Orlando Trust

Can an Orlando trust be reformed if a mistake was made during the creation of it? When can you reform an Orlando trust? What happens if the language in an Orlando trust is not clear? What should your West Palm Beach probate lawyer know about reforming an Orlando trust?  If you are involved in trust litigation involving a Florida trust that you believe needs to be reformed, you should read Florida Statute 736.0415. In addition, you should interview an experienced Florida trust lawyer. To interview a trust litigation lawyer at Pankauski Hauser, free of charge, call (561)514-0900 Ext.101.

Florida trust and estates lawyers know that, in some special circumstances, the courts may edit an Orlando trust, even though it had been executed and the donor is deceased. This can happen when an error by draftsmen may have made the document stray from the donor’s original intent. In other words, when an Orlando probate court feels it is appropriate, it may reform an Orlando trust or other document to conform to the true meaning given to it by the donor originally. Have you read Fla. Stat. 736.0415 which may allow reformation?

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.”