RCW 11.96A.125
Mistake of fact or law in terms of will or trust—Judicial and nonjudicial reform.
The terms of a will or trust, even if unambiguous, may be reformed by judicial proceedings under this chapter to conform the terms to the intention of the testator or trustor if it is proved by clear, cogent, and convincing evidence that both the intent of the testator or trustor and the terms of the will or trust were affected by a mistake of fact or law, whether in expression or inducement. This does not limit the ability to reform the will or trust using the binding nonjudicial procedures of RCW 11.96A.220.
[ 2013 c 272 § 6; 2011 c 327 § 11.]
NOTES:
Application—2013 c 272: See note following RCW 11.98.002.
Application—Effective date—2011 c 327: See notes following RCW 11.103.020.
Structure Revised Code of Washington
Title 11 - Probate and Trust Law
Chapter 11.96A - Trust and Estate Dispute Resolution.
11.96A.020 - General power of courts—Intent—Plenary power of the court.
11.96A.040 - Original jurisdiction in probate and trust matters—Powers of court.
11.96A.050 - Venue in proceedings involving probate or trust matters.
11.96A.060 - Exercise of powers—Orders, writs, process, etc.
11.96A.070 - Statutes of limitation.
11.96A.080 - Persons entitled to judicial proceedings for declaration of rights or legal relations.
11.96A.090 - Judicial proceedings.
11.96A.100 - Procedural rules.
11.96A.110 - Notice in judicial proceedings under this title requiring notice.
11.96A.120 - Application of doctrine of virtual representation.
11.96A.125 - Mistake of fact or law in terms of will or trust—Judicial and nonjudicial reform.
11.96A.127 - Charitable dispositions by will or trust.
11.96A.130 - Other notice requirements not impaired.
11.96A.140 - Waiver of notice.
11.96A.150 - Costs—Attorneys' fees.
11.96A.160 - Appointment of guardian ad litem.
11.96A.180 - Execution on judgments.
11.96A.190 - Execution upon trust income or vested remainder—Permitted, when.
11.96A.200 - Appellate review.
11.96A.220 - Binding agreement.
11.96A.230 - Entry of agreement with court—Effect.
11.96A.240 - Judicial approval of agreement.
11.96A.250 - Special representative.
11.96A.270 - Intent—Parties can agree otherwise.
11.96A.290 - Superior court—Venue.
11.96A.300 - Mediation procedure.
11.96A.310 - Arbitration procedure.