11.96A.120  <<  11.96A.125 >>   11.96A.127

PDFRCW 11.96A.125

Mistake of fact or law in terms of will or trustJudicial and nonjudicial reform.

The terms of a will or trust, even if unambiguous, may be reformed by judicial proceedings under this chapter to conform the terms to the intention of the testator or trustor if it is proved by clear, cogent, and convincing evidence that both the intent of the testator or trustor and the terms of the will or trust were affected by a mistake of fact or law, whether in expression or inducement. This does not limit the ability to reform the will or trust using the binding nonjudicial procedures of RCW 11.96A.220.
[ 2013 c 272 s 6; 2011 c 327 s 11.]

NOTES:

Application2013 c 272: See note following RCW 11.98.002.
ApplicationEffective date2011 c 327: See notes following RCW 11.103.020.