The court may reform the terms of a governing instrument, even if unambiguous, to conform the terms to the transferor's intention if it is proved by clear and convincing evidence that the transferor's intent and the terms of the governing instrument were affected by a mistake of fact or law, whether in expression or inducement.
Enacted by Chapter 93, 2010 General Session
Notes of Decisions
Radin v. Jewish Nat'l Fund, 352 P.3d 863 (Cal. 2015).
“1-10-05 ); and Utah ( Utah Code Ann. § 75-2-805 ). 16 We have no occasion to consider the extent to which the reformation remedies authorized in other jurisdictions or proposed by the Restatement Third of Property and the Uniform Probate Code are similar to the reformation…”
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