N.C. Gen. Stat. § 36C-4-415
Reformation to correct mistakes
Redline — June 1, 2021 → current.View current text →
Current — April 1, 2022
As of June 1, 2021
The court may reform the terms of a trust, if the terms of the trust are ambiguous, to conform the terms to the settlor's intent if it is proved by clear and convincing evidence what the settlor's intent was and that the terms of the trust were affected by a mistake of fact or law, whether in expression or inducement.
The court may reform the terms of a trust, if the terms of the trust are ambiguous, to conform the terms to the settlor’s intent if it is proved by clear and convincing evidence what the settlor’s intent was and that the terms of the trust were affected by a mistake of fact or law, whether in expression or inducement.
History
(2005-192, s. 2; 2017-152, s. 4.)
Official source: North Carolina General Assembly. Reproduced from public-domain North Carolina statutes; confirm against the official source for the current text. Not legal advice.