Florida Trust Appeals: Are Trust Documents Subject to Reformation?

Was your family trust executed despite an error in drafting?    Were various important documents left out? Do you know what remedies the West Palm Beach probate court might have under such circumstances? You may want to look at the court’s powers of reformation. Take a look at what happened in this recent case out of Florida’s Second District Court of Appeals.

Trust Error and Reformation

• Just because a trust has been executed does not mean that the courts can never edit it.
• This is especially true when an error by draftsmen may have made the document stray from the donor’s original intent.
• Do you know how to prove this intent when the donor has already passed away?
• When a court feels it is appropriate it may reform a 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?
• Experienced Palm Beach probate litigators know how to use courts effectively and bring about reformation when necessary to effectuate the intent of a donor.
• Did you know that if a court denies such ability when cause exists, this may be appealable?

Megiel-Rollo v. Megiel et. Al.

• The petitioner in this case was the trustee of a testamentary trust and an issue arose regarding whether certain real estate was subject to the trust.
• An appeal centered on the trustee’s right to reformation of the trust following a drafter’s error.
• Ultimately the court held she was entitled to make a case for reformation and the court denying her that right was reversible error.
• Do you agree?
• Should courts be able to edit an executed document under the argument that it was not what the decedent intended?

Want to learn even more?

Check out the entire case by clicking here.