Alaska Statutes
Alaska Stat. § 13.36.350 (2026)
Reformation to correct mistakes in irrevocable trusts
✓ current as of July 2026
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Sec. 13.36.350. Reformation to correct mistakes in irrevocable trusts.
(a) On petition by a trustee, settlor, or beneficiary, a court may reform the terms of an irrevocable trust, even if the trust instrument is not ambiguous, to conform to the settlor's intention if the failure to conform was due to a mistake of fact or law, whether in expression in the trust or inducement to create the trust, and if the settlor's intent can be established by clear and convincing evidence.
(b) A court may consider evidence, including direct evidence contradicting the plain meaning of the text, when determining the settlor's intent or for any other purpose under this section.
(a) On petition by a trustee, settlor, or beneficiary, a court may reform the terms of an irrevocable trust, even if the trust instrument is not ambiguous, to conform to the settlor's intention if the failure to conform was due to a mistake of fact or law, whether in expression in the trust or inducement to create the trust, and if the settlor's intent can be established by clear and convincing evidence.
(b) A court may consider evidence, including direct evidence contradicting the plain meaning of the text, when determining the settlor's intent or for any other purpose under this section.
Notes of Decisions
Cited in 1
case (1 in the last 5 years), 2021–2021 · leading case: Post v. Post CA4/2 (Cal. Ct. App. 2021).
Post v. Post CA4/2 (Cal. Ct. App. 2021). “) Second, Cindy argues the probate court erroneously declined to “modify, reform, or terminate” the Trust’s terms under Alaska Statutes §§ 13.36.350 and 13.36.345 to reflect James’s intent to leave his property to her.”
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