The trust code and trust case law in Florida is well established to allow reformation of a trust. This was not the case for a last will and testament. Florida enacted section 732.615 to allow Florida probate courts to reform a will to effectuate the intent of the testator.
Reformation of a last will and testament in Florida is allowed to correct a mistake of fact or law. Historically, prior to 2011, trusts, last wills and testaments were not allowed to be reformed under Florida law. Florida Statute Section 732.615, effective July 1, 2011, permits Florida courts to reform a last will to effectuate the actual intent of the testator.
Under 732.615, reformation to correct mistake applies when:
“Upon application of any interested person, the court may reform the terms of a will, even if unambiguous, to conform the terms to the testator’s intent if it is proved by clear and convincing evidence that both the accomplishment of the testator’s intent and the terms of the will were affected by a mistake of fact or law, whether in expression or inducement. In determining the testator’s original intent, the court may consider evidence relevant to the testator’s intent even though the evidence contradicts an apparent plain meaning of the will.”
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