Florida Statutes

Fla. Stat. § 736.0415 (2025)

Reformation to correct mistakes.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 8 cases (3 in the last 5 years), 2008–2025 · leading case: Reid v. Est. of Sonder, 63 So. 3d 7 (Fla. 3d DCA 2011).

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Reid v. Est. of Sonder, 63 So. 3d 7 (Fla. 3d DCA 2011). · cites it 9× “§ 736.0415, Fla. Stat. (2007); see also Robinson, 720 So.”

Megiel-Rollo v. Megiel, 162 So. 3d 1088 (Fla. 2d DCA 2015). · cites it 22× “Pursuant to § 736.0415, Fla. Stat., upon the application of any interested person, the court may reform the terms of a trust to conform to the settlor’s intent where both the accomplishment of the settlor’s intent and the terms of the trust were affected by a mistake of fact or…”

Kelly v. Lindenau, 223 So. 3d 1074 (Fla. 2d DCA 2017). · cites it 4× “There is also no dispute that the second amendment was only signed by one of the witnesses.”

Morey v. Everbank, 93 So. 3d 482 (Fla. 1st DCA 2012). · cites it 2× “Pursuant to section 736.0415, Florida Statutes (2008), a “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…”

Reid v. Temple Judea, 994 So. 2d 1146 (Fla. 3d DCA 2008). · cites it 4× “§ 736.0415, Fla. Stat. (2007) (added by Ch.”

McGee v. McGee (Fla. 2d DCA 2025). · cites it 15× “Karey Ann McGee appeals the trial court's final judgment, which granted Jacqueline McGee's second amended petition filed pursuant to section 736.0415, Florida Statutes (2021), and reformed Robert Charles McGee's 2021 trust to be a restatement of his 2014 trust.”

Raul Parisi v. Maria Isabel Quadri De Kingston, Etc. (Fla. 3d DCA 2023). · cites it 3× “Lindenau filed an amended counterclaim, seeking a reformation of the second amendment pursuant to section 736.0415, Florida Statutes (2016), asserting that the error in failing to have two attesting witnesses sign the second amendment was a mistake at law.”

Great West Life & Annuity Ins. Co. v. Brown (M.D. Fla. 2022). · cites it 2× “2021); Fla. Stat. § 736.0415 . But Susan does not ask to reform the Trust itself.”

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