Virginia Code 64.2-733: Reformation to correct mistakes
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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 both the settlor’s intent and the terms of the trust were affected by a mistake of fact or law, whether in expression or inducement.
Terms Used In Virginia Code 64.2-733
- Court: means the court of the Commonwealth having jurisdiction in matters related to trusts. See Virginia Code 64.2-701
- 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: except as otherwise provided in § 64. See Virginia Code 64.2-701
- Terms of a trust: means :
1. See Virginia Code 64.2-701