(For Effective Date, See note.) Reformation to Correct Mistakes

  1. Law
  2. Georgia Code
  3. Wills, Trusts, and Administration of Estates
  4. Trusts
  5. Reformation, Modification, Division, Consolidation, and Termination of Trusts
  6. (For Effective Date, See note.) Reformation to Correct Mistakes

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  1. If it is proved by clear and convincing evidence that the trust provisions were affected by a mistake of fact or law, whether in expression or inducement, the court may reform the trust provisions, even if unambiguous, to conform the provisions to the settlor's intention.
  2. A petition for reformation may be filed by the trustee, any trust director, or any beneficiary or, in the case of an unfunded testamentary trust, the personal representative of the settlor's estate.
  3. Notice of a petition for reformation of the trust shall be given to the trustee, any trust director, and all qualified beneficiaries.

(Code 1981, §53-12-60, enacted by Ga. L. 2010, p. 579, § 1/SB 131; Ga. L. 2020, p. 377, § 1-75/HB 865.)


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