What Is Reformation of a Will or Trust?

The reformation of a will or trust is the process of either drafting a new will or amending a trust to ensure it aligns with the creator’s interests. A party seeking reformation of a will or trust must provide clear and convincing evidence that an inaccuracy or ambiguity exists contrary to the will maker’s intent, thus demanding clarification. The legal guidance of an experienced probate lawyer could be key to gaining the court’s approval for the reformation of a will or trust.

Reformation vs. Modification

Reformation is similar to but different than a modification. Reformation is concerned with correcting a mistake or inaccuracy in a will or trust, while modification is focused on making alterations to either document due to a change in circumstances. Generally, it is easier to gain approval from the court to reform a will or trust than to modify one.

Who Can Demand Reformation of a Will or Trust?

The person who established the will or trust—the settlor—may demand reformation of the document. The appointed executor likely would not be able to because when executing the will or trust, there is no standing for the executor to reform it. It only happens if there are certain mistakes within the document. The court can also reform the terms of a will or trust when they are ambiguous to conform to the settlor’s intent.

Beneficiaries may petition for reformation of a will or trust if there are ambiguous terms within the document or a blatant mistake is made that does not achieve the deceased’s objective.

Denial of a Will or Trust Reformation

Demands for reformation of a will or trust may be denied by the court if there are no clear mistakes in the document and the objective of the decedent is being met by the current language of what is written.

An Attorney Could Help With Demands for the Reformation of a Will or Trust

Our team of skilled legal professionals has experience petitioning for the probate court to issue an order to reform a will or trust. Call today to get one of our dedicated lawyers on your side.