Vermont Statutes Annotated

Vt. Stat. Ann. tit. 14A, § 415 (2026)

✓ current as of May 2026

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(Cite as: 14A V.S.A. § 415)

§ 415. Reformation to correct mistakes

The Probate Division of the Superior 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. (Added 2009, No. 20, § 1; amended 2009, No. 154 (Adj. Sess.), § 236, eff. February 1, 2011.)

Notes of Decisions

Cited in 1 case, 2019–2019 · leading case: In Re Robert G. Kay Irrevocable Supplemental Needs Trust (Vt. Super. Ct. 2019).

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In Re Robert G. Kay Irrevocable Supplemental Needs Trust (Vt. Super. Ct. 2019). · cites it 5× “Reformation to Correct Mistakes (14A V.S.A. § 415) The trusts unambiguously provide that, upon termination, “any remaining principal and income” shall be paid to the State of Vermont for Medicaid reimbursement purposes.”

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