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.
(Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)
Uniform Law: This section is based upon § 415 of the Uniform Trust Code.
Structure District of Columbia Code
Title 19 - Descent, Distribution, and Trusts. [Enacted title]
Chapter 13 - Uniform Trust Code
Subchapter IV - Creation, Validity, Modification, and Termination of Trust
§ 19–1304.01. Methods of creating trust
§ 19–1304.02. Requirements for creation
§ 19–1304.03. Trusts created in other jurisdictions
§ 19–1304.05. Charitable purposes; enforcement
§ 19–1304.06. Creation of trust induced by fraud, duress, or undue influence
§ 19–1304.07. Evidence of oral trust
§ 19–1304.08. Trust for care of animal
§ 19–1304.09. Noncharitable trust without ascertainable beneficiary
§ 19–1304.10. Modification or termination of trust; proceedings for approval or disapproval
§ 19–1304.11. Modification or termination of noncharitable irrevocable trust by consent
§ 19–1304.14. Termination of uneconomic trust
§ 19–1304.15. Reformation to correct mistakes
§ 19–1304.16. Modification to achieve settlor’s tax objectives