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November 14, 2024 Clouds | 44°F
The 193rd General Court of the Commonwealth of Massachusetts

Section 415: Reformation to correct mistakes

Section 415. Reformation to correct mistakes


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 that the settlor's intent or the terms of the trust were affected by a mistake of fact or law, whether in expression or inducement.