Nebraska Revised Statutes

Neb. Rev. Stat. § 30-3841 (2026)

(UTC 415) Reformation to correct mistakes

✓ current as of July 2026
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(UTC 415) 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 that both the settlor's intent and the terms of the trust were affected by a mistake of fact or law, whether in expression or inducement.

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 2007–2024 · leading case: Sec. Nat'l Bank v. Rickert, 741 N.W.2d 638 (Neb. 2007).
Sec. Nat'l Bank v. Rickert, 741 N.W.2d 638 (Neb. 2007). · cites it 6× “(a) Was Letter “Term of a Trust” Subject to Reformation Under § 30-3841? The NUTC defines the phrase “terms of a trust” as “the manifestation of the settlor’s intent regarding a trust’s provisions as expressed in the trust instrument or as may be established by other evidence…”
Wells Fargo Bank, N.A. v. Est. of Mansfield, 739 N.W.2d 170 (Neb. 2007). · cites it 2× “See, also, Neb. Rev. Stat. § 30-3841 (Cum. Supp. 2006).”
In re Eileen Ryan Revocable Trust, 316 Neb. 524 (Neb. 2024). · cites it 9× “See Neb. Rev. Stat. § 30-3841 (Reissue 2016).”
In re Trust Created by Augustin, 27 Neb. Ct. App. 593 (Neb. Ct. App. 2019). “or relief under the statutory options identified in § 30-3836(b), specifically, § 30-3837 (modification or termina- tion of noncharitable irrevocable trust by consent), § 30-3838 (modification or termination because of unanticipated circum- stances or inability to administer…”
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