§ 736.0415, Fla. Stat. · Part IV. CREATION, VALIDITY, MODIFICATION,AND TERMINATION
Reformation to correct mistakes.
Text — 2026 Florida Statutes
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.
Notes and commentary — not statutory text
History
s. 4, ch. 2006-217.
Source of truth
- Edition
- 2026 Florida Statutes
- Official file
- https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0736/0736.html
- Text hash
- sha256 db9be5ab139f9269c562aa721760f1e950f4b92d43263e8255e1cd0e77fda057
- Composed by
- compose_v2.py 2026-10-04: the Legislature's structured HTML read in document order; verify_v2.py's independent reading agrees character for character
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Cited by 1 provision
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