Iowa Code 633A.2206 – Reformation — tax objectives
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Terms Used In Iowa Code 633A.2206
- 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.
633A.2206 Reformation — tax objectives.
1. The court may reform the terms of the trust, even if unambiguous, to conform to the settlor’s intent if it is proved by clear and convincing evidence that the settlor’s intent and the terms of the trust were affected by a mistake of fact or law whether expressed or induced.
2. The terms of the trust may be construed or modified, in a manner that does not violate the settlor’s probable intent, to achieve the settlor’s tax objectives.
99 Acts, ch 125, §19, 109
C2001, §633.2206
2002 Acts, ch 1107, §5; 2005 Acts, ch 38, §54
CS2005, §633A.2206
Referred to in §633A.2201, 633A.4805
1. The court may reform the terms of the trust, even if unambiguous, to conform to the settlor’s intent if it is proved by clear and convincing evidence that the settlor’s intent and the terms of the trust were affected by a mistake of fact or law whether expressed or induced.
2. The terms of the trust may be construed or modified, in a manner that does not violate the settlor’s probable intent, to achieve the settlor’s tax objectives.
99 Acts, ch 125, §19, 109
C2001, §633.2206
2002 Acts, ch 1107, §5; 2005 Acts, ch 38, §54
CS2005, §633A.2206
Referred to in §633A.2201, 633A.4805