Section 415. Reformation to correct mistakes

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Terms Used In Massachusetts General Laws ch. 203E sec. 415

  • 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.

The court may reform the terms of a trust, even if unambiguous, to conform the terms to the settlor’s intention if it is proved by clear and convincing evidence that the settlor’s intent or the terms of the trust were affected by a mistake of fact or law, whether in expression or inducement.