§ 415. Reformation to correct mistakes
The Probate Division of the Superior 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. (Added 2009, No. 20, § 1; amended 2009, No. 154 (Adj. Sess.), § 236, eff. February 1, 2011.)
Structure Vermont Statutes
Chapter 4 - Creation, Validity, Modification, and Termination of Trust
§ 401. Methods of creating trust
§ 402. Requirements for creation
§ 403. Trusts created in other jurisdictions
§ 405. Charitable purposes; enforcement
§ 406. Creation of trust induced by fraud, duress, or undue influence
§ 408. Trust for care of animal
§ 409. Noncharitable trust without ascertainable beneficiary
§ 410. Modification or termination of trust; proceedings for approval or disapproval
§ 411. Modification or termination of noncharitable irrevocable trust by consent
§ 414. Modification or termination of uneconomic trust
§ 415. Reformation to correct mistakes
§ 416. Modification to achieve settlor’s tax objectives
§ 417. Combination and division of trusts
§ 418. Intentional and unlawful killing; termination of interest in trust