The terms of a will or trust, even if unambiguous, may be reformed by judicial proceedings under this chapter to conform the terms to the intention of the testator or trustor if it is proved by clear, cogent, and convincing evidence that both the intent of the testator or trustor and the terms of the will or trust were affected by a mistake of fact or law, whether in expression or inducement. This does not limit the ability to reform the will or trust using the binding nonjudicial procedures of RCW 11.96A.220.
RCW 11.96A.125
Mistake of fact or law in terms of will or trust—Judicial and nonjudicial reform.
Applied in 1 court decision — leading case In re the Trust of Mable Meeks, aka L/M Meeks No. 1 Trust (2018)
Most recently applied in In re the Trust of Mable Meeks, aka L/M Meeks No. 1 Trust (July 2018)
2013 c 272 s 6; 2011 c 327 s 11.
Official source: Washington State Legislature. Reproduced from public-domain Washington statutes; confirm against the official source for the current text. Not legal advice.