Section Newsletter Articles on Testimony
“Sorry, my mistake”: Correcting putative testamentary errors
Trusts and Estates
, September 2011
Upon application of any interested person, the court may reform the terms of a will, even if unambiguous, to conform the terms to the testator’s intent if it is proved by clear and convincing evidence that both the accomplishment of the testator’s intent and the terms of the will were affected by a mistake of fact or law, whether in expression or inducement.