West Virginia Statutes
§ 44D-4-415 — Reformation to correct mistakes
West Virginia § 44D-4-415
JurisdictionWest Virginia
Ch. 44DUNIFORM TRUST CODE
Art. 4CREATION, VALIDITY, MODIFICATION AND TERMINATION OF TRUST
This text of West Virginia § 44D-4-415 (Reformation to correct mistakes) is published on Counsel Stack Legal Research, covering West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
W. Va. Code § 44D-4-415 (2026).
Text
The court may reform the terms of a trust, even if unambiguous, to conform the terms to the grantor's intention if it is proved by preponderance of the evidence that both the grantor's intent and the terms of the trust instrument were affected by a mistake of fact or law, whether in expression or inducement.
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Legislative History
2011 Reg. Sess., HB2551
Nearby Sections
15
§ 44D-1-101
Short title§ 44D-1-102
Scope§ 44D-1-103
Definitions§ 44D-1-104
Knowledge§ 44D-1-105
Default and mandatory rules§ 44D-1-106
Common law of trusts; principles of equity§ 44D-1-107
Governing law§ 44D-1-108
Principal place of administration§ 44D-1-109
Methods and waiver of notice§ 44D-1-110
Others treated as qualified beneficiaries§ 44D-1-111
Nonjudicial settlement agreements§ 44D-1-112
Rules of construction§ 44D-1-113
Insurable interest of trustee§ 44D-10-1001
Remedies for breach of trust§ 44D-10-1002
Damages for breach of trustCite This Page — Counsel Stack
Bluebook (online)
West Virginia § 44D-4-415, Counsel Stack Legal Research, https://law.counselstack.com/statute/wv/44D-4-415.