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 what the settlor's intention was and that the terms of the trust were affected by a mistake of fact or law, whether in expression or inducement.
KRS 386B.4-150
Reformation to correct mistakes
Known as the Uniform Trust Code
The act spans §§ 386B.10-010 to 386B.9-010 (95 sections).
Applied in 1 court decision — leading case Davis v. Davis (2018)
Most recently applied in Davis v. Davis (November 2018)
Effective: July 15, 2014 History: Created 2014 Ky
Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.