The court may reform the terms of a trust, even if unambiguous, to conform to the settlor's probable 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. The court may provide that the modification have retroactive effect.
20 Pa.C.S. § 7740.5
Reformation to correct mistakes - UTC 415
Known as the Probate, Estates and Fiduciaries Code
The act spans §§ 20-101–20-925 (744 sections).
(July 15, 2024, P.L.786, No.64, eff. 90 days)
Official source: Pennsylvania General Assembly. Reproduced from public-domain Pennsylvania statutes; confirm against the official source for the current text. Not legal advice.