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October 17, 2017
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The Florida Statutes

The 2017 Florida Statutes

Title XLII
ESTATES AND TRUSTS
Chapter 736
FLORIDA TRUST CODE
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F.S. 736.0415
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.
History.s. 4, ch. 2006-217.