HRS §554D-415
Fixing mistakes in a trust's terms
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.
beneficiariescourtstrustees
The statute, as written — Reformation to correct mistakes
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.
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