How Do You Reform a Florida Trust to Fix a Mistake?
By Adrian P. Thomas, LL.M., J.D. | Shareholder and Founding Partner, Adrian Philip Thomas, P.A. | Last reviewed June 2026
Quick answer. To reform a Florida trust, you petition under Section 736.0415, Florida Statutes, and prove by clear and convincing evidence that both the settlor's intent and the trust's terms were affected by a mistake of fact or law, whether in expression or inducement. A court may reform even unambiguous terms to conform them to the settlor's intent.
Key takeaways
- Reformation corrects a trust that never expressed what the settlor intended, unlike modification, which responds to changed circumstances.
- The burden is clear and convincing evidence of a mistake of fact or law in expression or inducement.
- A reformation action often warrants consulting a litigation specialist, even when uncontested, because it requires an evidentiary showing.
What is the difference between reformation and modification?
Modification changes a trust to address changed circumstances. Reformation corrects a trust that never said what the settlor meant. Section 736.0415 permits a court to reform even unambiguous terms to conform them to the settlor's actual intent, provided the demanding evidentiary standard is met.
What kind of mistake qualifies for reformation?
A mistake in expression occurs when the drafter wrote something other than what the settlor intended. A mistake in inducement occurs when the settlor formed an intent based on a mistaken belief. Suppose a settlor intended meaningful support for a beneficiary in a nursing home, but the instrument limited distributions to one hundred dollars per month. The terms are unambiguous and wrong. Reformation offers the remedy.
Why involve a litigation specialist in a friendly reformation?
Reformation turns on proof. The practitioner must marshal evidence of the settlor's true intent and of the mistake that frustrated it, including drafting notes, communications, and related estate planning documents. The clear and convincing standard means thin evidence will not suffice. The evidentiary demands introduce a litigation dimension that pure documentary proceedings lack.
Frequently asked questions
Can a Florida court reform an unambiguous trust? Yes. Section 736.0415 permits reformation of unambiguous terms when a mistake is proved by clear and convincing evidence.
What is the standard of proof for trust reformation? Clear and convincing evidence that both the settlor's intent and the terms were affected by a mistake of fact or law.
Does party agreement lower the reformation standard? No. The court must still be satisfied by clear and convincing evidence even when the matter is uncontested.
About the author
Attorney Adrian Philip Thomas is a shareholder and founding partner of Adrian Philip Thomas, P.A., a boutique attorney law firm located in Fort Lauderdale, Florida. He has practiced law for the past 30 years, maintaining an office in Fort Lauderdale, Broward County, Florida. Mr. Thomas is "AV" rated by Martindale-Hubbell and has been selected on multiple occasions as one of Florida's Legal Elite by Florida Trend Magazine and selected as a Super Lawyer. Mr. Thomas concentrates his practice in estate and trust litigation, both prosecuting and defending, which includes matters involving estates, trusts, and probate. He represents clients with disputes throughout the State of Florida. Attorney Adrian Philip Thomas has a Master of Laws from the University of Miami, a Juris Doctor from Nova Southeastern University, and a Bachelor of Science from the University of Florida. Attorney Adrian Philip Thomas has lectured at continuing legal education seminars on various probate topics.
This article is general legal information about Florida law, not legal advice, and does not create an attorney-client relationship. Consult a Florida-licensed attorney about your specific situation.
