Hawaii Revised Statutes 554D-415 – Reformation to correct mistakes
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Terms Used In Hawaii Revised Statutes 554D-415
- Court: means the circuit court in this State having jurisdiction over all subject matter relating to trusts. See Hawaii Revised Statutes 554D-103
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Settlor: means a person, including a testator, who creates, or contributes property to, a trust. See Hawaii Revised Statutes 554D-103
- Terms of a trust: means :
(1) Except as otherwise provided in paragraph (2), the manifestation of the settlor's intent regarding a trust's provisions as: (A) Expressed in the trust instrument; or (B) Established by other evidence that would be admissible in a judicial proceeding; or (2) The trust's provisions, as established, determined, or amended by: (A) A trustee or other person in accordance with applicable law; (B) A court order; or (C) A nonjudicial settlement agreement under section -111. See Hawaii Revised Statutes 554D-103
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.