72-38-415. 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 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.
History: En. Sec. 64, Ch. 264, L. 2013.
Structure Montana Code Annotated
Title 72. Estates, Trusts, and Fiduciary Relationships
Chapter 38. Montana Uniform Trust Code
Part 4. Creation, Validity, Modification, and Termination of Trust
72-38-401. Methods of creating trust
72-38-402. Requirements for creation
72-38-403. Trusts created in other jurisdictions
72-38-405. Charitable purposes -- enforcement
72-38-406. Creation of trust induced by fraud, duress, or undue influence
72-38-408. Trust for care of animal
72-38-409. Noncharitable trust without ascertainable beneficiary
72-38-410. Modification or termination of trust -- proceedings for approval or disapproval
72-38-411. Modification or termination of irrevocable trust by consent
72-38-414. Modification or termination of uneconomic trust
72-38-415. Reformation to correct mistakes