The court may reform the terms of a trust, even if unambiguous, to conform the terms to the intention of the settlor if it is proved by clear and convincing evidence that both the intent of the settlor and the terms of the trust were affected by a mistake of fact or law, whether in expression or inducement.
Structure Maryland Statutes
Title 14.5 - Maryland Trust Act
Subtitle 4 - Creation, Validity, Modification, and Termination of Trust
Section 14.5-401 - Creation of Trust
Section 14.5-402 - Requirements
Section 14.5-403 - Validity of Trust Not Created by Will
Section 14.5-404 - Purposes and Benefits
Section 14.5-405 - Void Trusts
Section 14.5-406 - Oral Trusts Established by Clear and Convincing Evidence
Section 14.5-407 - Trusts for Care of Animal
Section 14.5-408 - Noncharitable Trusts
Section 14.5-409 - Termination of Trusts; Institution of Proceedings
Section 14.5-410 - Modification or Termination of Trust
Section 14.5-412 - Termination Without Court Order -- Procedure
Section 14.5-413 - Reforming Terms of Trust
Section 14.5-414 - Modification of Terms for Purposes of Taxes