Connecticut General Statutes 45a-499jj – Reformation of noncharitable trust to correct mistakes
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The court may reform the terms of a noncharitable trust, even if unambiguous, to conform the terms to the settlor‘s intention if it is proved by clear and convincing evidence what the settlor’s intention was and that the terms of the trust were affected by a mistake of fact or law, whether in expression or inducement.
Terms Used In Connecticut General Statutes 45a-499jj
- Court: means a court of this state having jurisdiction over the matter pursuant to sections 45a-499o and 45a-499p or a court of another state having jurisdiction under the law of the other state. See Connecticut General Statutes 45a-499c
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Settlor: means a person, including a testator, that creates or contributes property to a trust. See Connecticut General Statutes 45a-499c