The court may reform the terms of a trust, even if unambiguous, to conform the terms to the grantor's intention if it is proved by preponderance of the evidence that both the grantor's intent and the terms of the trust instrument were affected by a mistake of fact or law, whether in expression or inducement.
Structure West Virginia Code
Chapter 44D. Uniform Trust Code
Article 4. Creation, Validity, Modification and Termination of Trust
§44D-4-401. Methods of Creating Trust
§44D-4-402. Requirement for Creation
§44D-4-403. Trusts Created in Other Jurisdictions
§44D-4-405. Charitable Purposes; Enforcement
§44D-4-406. Creation of Trust Induced by Fraud, Duress or Undue Influence
§44D-4-407. Oral Trusts Unenforceable
§44D-4-408. Trust for Care of Animal
§44D-4-409. Noncharitable Trust Without Ascertainable Beneficiary
§44D-4-410. Modification or Termination of Trust; Proceedings for Approval or Disapproval
§44D-4-411. Modification or Termination of Noncharitable Irrevocable Trust by Consent
§44D-4-414. Modification or Termination of Uneconomic Trust
§44D-4-415. Reformation to Correct Mistakes
§44D-4-416. Modification to Achieve Grantor's Tax Objectives