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- Alaska Statutes.
- Title 13. Decedents' Estates, Guardianships, Transfers, and Trusts.
- Chapter 36. Trust Administration
- Section 350. Reformation to Correct Mistakes in Irrevocable Trusts.
previous: Section 345
. Modification or Termination of Irrevocable Trusts Because of Unanticipated Circumstances.
next: Section 355
. Construction of Trust to Achieve Settlor's Tax Objectives.
AS 13.36.350. Reformation to Correct Mistakes in Irrevocable Trusts.
- (a) On petition by a trustee, settlor, or beneficiary, a court may reform the terms of an irrevocable trust, even if the
trust instrument is not ambiguous, to conform to the settlor's intention if the failure to conform was due to a mistake
of fact or law, whether in expression in the trust or inducement to create the trust, and if the settlor's intent can
be established by clear and convincing evidence.
- (b) A court may consider evidence, including direct evidence contradicting the plain meaning of the text, when determining
the settlor's intent or for any other purpose under this section.
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