58a-415. Reformation to correct mistakes. 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.
History: L. 2002, ch. 133, ยง 36; Jan. 1, 2003.
Structure Kansas Statutes
Chapter 58a - Kansas Uniform Trust Code
Article 4 - Creation, Validity, Modification, And Termination Of Trust
58a-401 Methods of creating trust.
58a-402 Requirements for creation.
58a-403 Trusts created in other jurisdictions.
58a-405 Charitable purposes; enforcement.
58a-406 Creation of trust induced by fraud, duress, or undue influence.
58a-407 Evidence of oral trust.
58a-408 Trust for care of animal.
58a-409 Noncharitable trust without ascertainable beneficiary.
58a-410 Modification or termination of trust; proceedings for approval or disapproval.
58a-411 Modification or termination of noncharitable irrevocable trust by consent.
58a-414 Termination of uneconomic trust.
58a-415 Reformation to correct mistakes.
58a-416 Modification to achieve settlor's tax objectives.