When A Will And Trust Reformation Is Appropriate
Wills and trusts that contain errors or mistakes can be “reformed” to reflect the grantor’s true intent. Reformation is not necessarily easy and courts do not often approve them. Will or trust reformation applies only where the grantor’s intent can be proven by clear and convincing evidence. When that intent is discoverable, the will or trust can be corrected.
Under appropriate circumstances, trusts can also be modified and terminated, irrespective of whether there were any errors in the drafting process.
For legal advice regarding a will or trust that you believe does not accurately reflect the grantor’s intention, contact Forgione Law in Stuart, Florida. Attorney Brandon Forgione has more than a decade of experience in resolving estate disputes. If you and he agree that a will or trust reformation is appropriate, he can help you document it and argue before a probate court judge or another authority that it should be reformed.
Reformation Of Wills And Trusts When Beneficiaries Agree
Modification is usually possible when all qualified beneficiaries agree to the proposed modification. Even without the unanimous agreement of the beneficiaries, the court can modify a trust when:
- The purposes of the trust have been fulfilled or have become illegal, impossible, or impractical to fulfill.
- Due to circumstances not anticipated by the grantor, compliance with the trust would defeat or substantially impair the accomplishment of a material purpose of the trust.
- The material purpose of the trust no longer exists.
- Compliance with the terms of a trust is not in the best interest of the beneficiaries
- The assets of the trust do not justify the continued costs of administration.
For evaluation of your potential will or trust reformation case, turn to attorney Forgione. He will clarify the circumstances and help you pursue the most appropriate resolution.
Contact An Experienced Probate Litigation Attorney About A Will Or Trust Reformation
Attorney Forgione has in-depth knowledge about will and trust reformation and modifications. Tap into his experience in will and trust matters of all varieties. He can help you prevent estate litigation when a more efficient resolution is available.