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.
Structure 2021 Tennessee Code
Title 35 - Fiduciaries and Trust Estates
Chapter 15 - Tennessee Uniform Trust Code
Part 4 - Creation, Validity, Modification, and Termination of Trust
§ 35-15-401. Methods of Creating Trust
§ 35-15-403. Trusts Created in Other Jurisdictions
§ 35-15-406. Creation of Trust Induced by Fraud, Duress, or Undue Influence
§ 35-15-407. Evidence of Oral Trust
§ 35-15-409. Noncharitable Trust Without Ascertainable Beneficiary
§ 35-15-415. Reformation to Correct Mistakes
§ 35-15-416. Modification to Achieve Settlor's Tax Objectives