Kentucky Revised Statutes
Ky. Rev. Stat. § 386B.4-150 (2026)
Reformation to correct mistakes
✓ current as of May 2026
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The court may reform the terms of a trust, even if unambiguous, to conform the terms to the settlor's intention if it is proved by clear and convincing evidence what the settlor's intention was and that the terms of the trust were affected by a mistake of fact or law, whether in expression or inducement. Effective: July 15, 2014 History: Created 2014 Ky. Acts ch. 25, sec. 37, effective July 15, 2014.
Notes of Decisions
Cited in 3
cases (2 in the last 5 years), 2018–2025 · leading case: Davis v. Davis, 563 S.W.3d 105 (Ky. Ct. App. 2018).
Davis v. Davis, 563 S.W.3d 105 (Ky. Ct. App. 2018). “To the extent Mike seeks modification of the trust pursuant to KRS 386B.4-120, that matter falls within the exclusive jurisdiction of the district court.”
Marcy Doolin, as Beneficiary Under the Linda Owen Miller Living Trust Agreement Dated December 6, 2017 v. David L. Owen, as Adm'r of the Est. of Linda Owen Miller (Ky. Ct. App. 2025). “Doolin also requests that we consider the propriety of reforming the Miller Trust pursuant to KRS 386B.4-150, to comport with Ms. Miller’s alleged intentions.”
Marcy Doolin, as Beneficiary Under the Linda Owen Miller Living Trust Agreement Dated December 6, 2017 v. David L. Owen, as Adm'r of the Est. of Linda Owen Miller (Ky. Ct. App. 2025). “Doolin also requests that we consider the propriety of reforming the Miller Trust pursuant to KRS 386B.4-150, to comport with Ms. Miller’s alleged intentions.”
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