How to Read a Florida Trust if it is not clear

Uncategorized • Sep 28, 2018

How can two people read a trust document and believe it says completely different things? It happens all the time! Florida trust beneficiaries can interpret the trust document one way, while other beneficiaries, or the trustee, interpret it another way. This can happen even in the face of so-called “clear” trust language. When this happens, a way to resolve the difference is to file a declaratory judgment action and ask a judge to read the trust document and tell everyone what it says. If the trust document is clear and un-ambiguous, the court may be able to rule without the necessity of a trial.

When beneficiaries or parties disagree on the meaning of trust language, trust modification or trust reformation is sometimes desired. Can a West Palm Beach trust be modified after the creator dies? What should probate litigators know about trust reformation and modification in Florida? You may want to read Trust Code, section 736.0415. Also, you should contact an experienced trust attorney to assist you.

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.