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Florida Statute 736.0415 | Lawyer Caselaw & Research
F.S. 736.0415 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 736.0415

The 2023 Florida Statutes (including Special Session C)

Title XLII
ESTATES AND TRUSTS
Chapter 736
FLORIDA TRUST CODE
View Entire Chapter
F.S. 736.0415
736.0415 Reformation to correct mistakes.Upon application of a settlor or any interested person, the court may reform the terms of a trust, even if unambiguous, to conform the terms to the settlor’s intent if it is proved by clear and convincing evidence that both the accomplishment of the settlor’s intent and the terms of the trust were affected by a mistake of fact or law, whether in expression or inducement. In determining the settlor’s original intent, the court may consider evidence relevant to the settlor’s intent even though the evidence contradicts an apparent plain meaning of the trust instrument.
History.s. 4, ch. 2006-217.

F.S. 736.0415 on Google Scholar

F.S. 736.0415 on Casetext

Amendments to 736.0415


Arrestable Offenses / Crimes under Fla. Stat. 736.0415
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 736.0415.



Annotations, Discussions, Cases:

Cases from cite.case.law:

KELLY L. v. LINDENAU,, 223 So. 3d 1074 (Fla. Dist. Ct. App. 2017)

. . . whether an improperly executed trust amendment can be validated through reformation pursuant to section 736.0415 . . . The trial court concluded that section 736.0415 permitted reformation in this case because Lindenau met . . . distinguish Allen, Crawford, and Aldrich on the basis that they either predated the enactment of section 736.0415 . . . Section 736.0415 provides in relevant part that the terms of a trust can be reformed “to conform ... . . .

L. MEGIEL- ROLLO, P. M. v. J. MEGIEL,, 162 So. 3d 1088 (Fla. Dist. Ct. App. 2015)

. . . Because section 736.0415 is a remedial statute that authorizes the court to reform the terms of a trust . . . Pursuant to § 736.0415, Fla. . . . REVOCABLE TRUST cannot now be reformed in accordance with Florida Statutes § 736.0415. 4. . . . The Broad Scope of Section 736.0415. . . . Section 736.0415 is a Remedial Statute. . . .

A. MOREY, W. Jr. W. Jr. v. EVERBANK, 93 So. 3d 482 (Fla. Dist. Ct. App. 2012)

. . . Pursuant to section 736.0415, Florida Statutes (2008), a “court may reform the terms of a trust, even . . .

REID, v. In ESTATE OF SONDER,, 63 So. 3d 7 (Fla. Dist. Ct. App. 2011)

. . . Indeed, section 736.0415 of the Florida Statutes, the provision governing reformation actions such as . . . ’s intent even though the evidence contradicts an apparent plain meaning of the trust instrument. § 736.0415 . . . This conclusion not only renders superfluous section 736.0415 but ignores the record as well. . . . The express purpose of section 736.0415 is to permit reformation of an otherwise clear, unambiguous written . . . terms of the trust were affected by a drafting mistake, the evidentiary standard imposed by section 736.0415 . . . . § 736.0415, Fla. Stat. (2007); see also Robinson, 720 So.2d at 540; Schroeder v. . . .

REID, v. TEMPLE JUDEA, 994 So. 2d 1146 (Fla. Dist. Ct. App. 2008)

. . . . § 736.0415, Fla. . . . reformation has always been presumed to exist: Reformation of a trust to cure mistakes is addressed in s.736.0415 . . . trustee lacks the standing to seek reformation of a trust either before or after enactment of section 736.0415 . . . Trust Reformation b) Reformation to Correct Mistakes Under section 736.0415, upon application of the . . .