(UTC 415) 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 both the settlor's intent and the terms of the trust were affected by a mistake of fact or law, whether in expression or inducement.
Neb. Rev. Stat. § 30-3841
(UTC 415) Reformation to correct mistakes
Applied in 2 court decisions — leading case Wells Fargo Bank, N.A. v. Estate of Mansfield (2007)
Most recently applied in In re Eileen Ryan Revocable Trust (May 2024)
Laws 2003, LB 130, § 41.
Official source: Nebraska Legislature. Reproduced from public-domain Nebraska statutes; confirm against the official source for the current text. Not legal advice.