West Virginia Code 44D-4-415 – Reformation to correct mistakes
Current as of: 2023 | Check for updates
|
Other versions
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.
Terms Used In West Virginia Code 44D-4-415
- 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.