The 2023 Florida Statutes (including Special Session C)
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. . . 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 ... . . .
. . . 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. . . .
. . . Pursuant to section 736.0415, Florida Statutes (2008), a “court may reform the terms of a trust, even . . .
. . . 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. . . .
. . . . § 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 . . .