Florida Statute 736.415 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLII
ESTATES AND TRUSTS

Chapter 736
FLORIDA TRUST CODE

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F.S. 736.0415

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.

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Amendments to 736.0415

Annotations, Discussions, Cases:

Cases Citing Statute 736.0415

Total Results: 7

Reid v. Estate of Sonder

63 So. 3d 7, 2011 Fla. App. LEXIS 4035, 2011 WL 1007137

District Court of Appeal of Florida | Filed: Mar 23, 2011 | Docket: 60301160

Cited 14 times | Published

proof of a drafting error existed). Indeed, section 736.0415 of the Florida Statutes, the provision governing

Morey v. Everbank

93 So. 3d 482, 2012 WL 3000608, 2012 Fla. App. LEXIS 11876

District Court of Appeal of Florida | Filed: Jul 24, 2012 | Docket: 60310614

Cited 8 times | Published

concerning disposition of trust assets. Pursuant to section 736.0415, Florida Statutes (2008), a “court may reform

Megiel-Rollo v. Megiel

162 So. 3d 1088, 2015 Fla. App. LEXIS 5601, 2015 WL 1740365

District Court of Appeal of Florida | Filed: Apr 17, 2015 | Docket: 2650348

Cited 6 times | Published

subject to reformation under the provisions of section 736.0415, Florida Statutes (2013), to add to it a contemplated

Kelly v. Lindenau

223 So. 3d 1074, 2017 WL 2180970, 2017 Fla. App. LEXIS 6959

District Court of Appeal of Florida | Filed: May 17, 2017 | Docket: 6062502

Cited 3 times | Published

Lindenau’s reformation request pursuant to section 736,0415, Florida Statutes (2016), and ordering Judy

Reid v. TEMPLE JUDEA

994 So. 2d 1146, 2008 WL 2356814

District Court of Appeal of Florida | Filed: Jun 11, 2008 | Docket: 1666920

Cited 1 times | Published

apparent plain meaning of the trust instrument. § 736.0415, Fla. Stat. (2007) (added by Ch.2006-217, § 4

McGee v. McGee

District Court of Appeal of Florida | Filed: Aug 15, 2025 | Docket: 71116032

Published

second amended petition filed pursuant to section 736.0415, Florida Statutes (2021), and reformed Robert

RAUL PARISI v. MARIA ISABEL QUADRI DE KINGSTON, etc.

District Court of Appeal of Florida | Filed: Mar 15, 2023 | Docket: 67012406

Published

reformation of the second amendment pursuant to section 736.0415, Florida Statutes (2016), asserting that the