HRS §554D-415
Fixing mistakes in a trust's terms
Read the official text at capitol.hawaii.gov ↗A court can change a trust's terms to match what the person who created the trust actually wanted, even if the trust seems clear, if there is strong proof of a mistake. The mistake can be about facts or law, and it must be shown with clear and convincing evidence.
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The statute, as written — Reformation to correct mistakes
A copy, taken August 20, 2026. The version published by the Legislature is the one that governs, and it may have changed since. Check it before relying on anything here.
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.
LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.