(a) On petition by a trustee, settlor, or beneficiary, a court may reform the terms of an irrevocable trust, even if the trust instrument is not ambiguous, to conform to the settlor's intention if the failure to conform was due to a mistake of fact or law, whether in expression in the trust or inducement to create the trust, and if the settlor's intent can be established by clear and convincing evidence.
(b) A court may consider evidence, including direct evidence contradicting the plain meaning of the text, when determining the settlor's intent or for any other purpose under this section.
Structure Alaska Statutes
Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions
Chapter 36. Trust Administration
Article 5. Miscellaneous Provisions.
Sec. 13.36.300. Administration of certain trusts with respect to federal law.
Sec. 13.36.310. Challenges to trusts.
Sec. 13.36.320. Nonqualified persons serving as trustees.
Sec. 13.36.330. Penalty clause.
Sec. 13.36.335. Application of special distribution provisions.
Sec. 13.36.338. Presumption of revocability.
Sec. 13.36.340. Modification and revocation of revocable trusts.
Sec. 13.36.350. Reformation to correct mistakes in irrevocable trusts.
Sec. 13.36.355. Construction or modification of trust to achieve settlor's tax objectives.
Sec. 13.36.360. Modification or termination of irrevocable trust by consent.
Sec. 13.36.365. Uneconomical irrevocable trust.
Sec. 13.36.368. Claims against revocable trusts.
Sec. 13.36.370. Trust protector.