Florida Statute 736.0415 | Lawyer Caselaw & Research

The 2024 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.

F.S. 736.0415 on Google Scholar

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Amendments to 736.0415

Arrestable Offenses / Crimes under Fla. Stat. 736.0415

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 736.0415.

Annotations, Discussions, Cases:

Cases Citing Statute 736.0415

Total Results: 6

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

Court: Fla. Dist. Ct. App. | Date Filed: 2023-03-15T00:53:00-07:00

Snippet: reformation of the second amendment pursuant to section 736.0415, Florida Statutes (2016), asserting that the …reform the second amendment pursuant to section 736.0415, and ordered Judy, as successor trustee, to transfer…validated through reformation pursuant to section 736.0415 because under that statute, a trust can only be

Kelly v. Lindenau

Court: Fla. Dist. Ct. App. | Date Filed: 2017-05-17T00:00:00-07:00

Citation: 223 So. 3d 1074

Snippet: reformation pursuant to section 736.0415. The trial court concluded that section 736.0415 permitted reformation …Lindenau’s reformation request pursuant to section 736,0415, Florida Statutes (2016), and ordering Judy, as… they either predated the enactment of section 736.0415 or failed to address it, we are not persuaded …the language of the statute itself. Section 736.0415 provides in relevant part that the terms of a …settlor’s intent and the terms of the trust.” § 736,0415. *1078 We reject Lindenau’s argument

Megiel-Rollo v. Megiel

Court: Fla. Dist. Ct. App. | Date Filed: 2015-04-17T00:00:00-07:00

Citation: 162 So. 3d 1088

Snippet: to reformation under the provisions of section 736.0415, Florida Statutes (2013), to add to it a contemplated…instrument when it was executed. Because section 736.0415 is a remedial statute that authorizes the court… in the Trust Agreement. 9. Pursuant to § 736.0415, Fla. Stat., upon the application of any interested…reformed in accordance with Florida Statutes § 736.0415. *1094 4. The real property at issue… Trust is subject to reformation under section 736.0415 to correct an alleged drafting error. This is

Morey v. Everbank

Court: Fla. Dist. Ct. App. | Date Filed: 2012-07-24T00:00:00-07:00

Citation: 93 So. 3d 482

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

Reid v. Estate of Sonder

Court: Fla. Dist. Ct. App. | Date Filed: 2011-03-23T00:00:00-07:00

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

Snippet: superfluous section 736.0415 but ignores the record as well. The express purpose of section 736.0415 is to permit… of a drafting error existed). Indeed, section 736.0415 of the Florida Statutes, the provision governing…apparent plain meaning of the trust instrument. § 736.0415, Fla. Stat. (2010) (emphasis added). The evidentiary…the instant denial of reformation under section 736.0415 of the Florida Statutes. The majority’s conclusion…mistake, the evidentiary standard imposed by section 736.0415 was satisfied, and the reformation sought should

Reid v. TEMPLE JUDEA

Court: Fla. Dist. Ct. App. | Date Filed: 2008-06-11T00:53:00-07:00

Citation: 994 So. 2d 1146

Snippet: apparent plain meaning of the trust instrument. § 736.0415, Fla. Stat. (2007) (added by Ch.2006-217, § 4,… of a trust to cure mistakes is addressed in s.736.0415, F.S. Upon application of the trustee or an interested…trust either before or after enactment of section 736.0415. Accordingly, we reverse the order dismissing … Reformation to Correct Mistakes Under section 736.0415, upon application of the trustee or any interested