Section 55-3-28 - Terms of trust may be reformed by court

55-3-28. Terms of trust may be reformed by court.On petition by a trustee or beneficiary, the court may reform the terms of the trust, based upon a showing by the preponderance of the evidence and without any preliminary showing of an ambiguity, to conform to the trustor's intention if the failure to conform was due to a mistake of fact or law or a scrivener's error and the trustor's intent can be established. The terms of the trust may be construed or modified, in a manner that does not violate the trustor's probable intention, to achieve the trustor's tax objectives. Source: SL 1998, ch 282, §6; SL 2016, ch 231, §22; SL 2023, ch 161, §10.