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 what the settlor's intention was and that the terms of the trust were affected by a mistake of fact or law, whether in expression or inducement.
Structure Mississippi Code
Chapter 8 - Mississippi Uniform Trust Code
Article 4 - Creation, validity, modification, and termination of trust
§ 91-8-401. Methods of creating trust
§ 91-8-402. Requirements for creation
§ 91-8-403. Trusts created in other jurisdictions
§ 91-8-405. Charitable purposes; enforcement
§ 91-8-406. Creation of trust induced by fraud, duress, or undue influence
§ 91-8-407. Evidence of oral trust; trust in land
§ 91-8-408. Trust for care of animal
§ 91-8-409. Noncharitable trust without ascertainable beneficiary
§ 91-8-410. Modification or termination of trust; proceedings for approval or disapproval
§ 91-8-411. Modification or termination of noncharitable irrevocable trust by consent
§ 91-8-414. Modification or termination of uneconomic trust
§ 91-8-415. Reformation to correct mistakes
§ 91-8-416. Modification to achieve settlor's tax objectives