Florida Probate Law: Trust Reformation

What is trust reformation? When can a revocable trust be reformed? Should I hire a Florida trust lawyer to reform a revocable trust if I believe that there was a mistake? Can a trust be reformed after the death of the settlor for a mistake? What should West Palm Beach litigators know about trust reformation?  If you are considering whether or not you should hire a Florida probate lawyer to petition to reform a revocable trust, you may want to read Reid v. Estate of Edgar Sonder, a March 23, 2011 3rd DCA opinion. 

Here, the trustee of a revocable trust petitioned to reform the trust after the settlor’s death.  The trustee argued that a mistake had occurred and that because of that mistake, the trust did not reflect the settlor’s intent.  Florida law says that ” a trust with testamentary aspects may be reformed after the death of the settlor for a unilateral drafting mistake so long as the reformation is not contrary to the interest of the settlor? Did the trustee in this case have clear and convincing evidence to prove his argument? What did the appellate court hold? To read the entire case, click here.