A trust modification petition lets a grantor, trustee, or beneficiary seek court approval to change the terms of an existing trust when circumstances require adjustment. In Rancho San Diego and throughout San Diego County, trust modification petitions are often used to correct drafting errors, reflect changes in family circumstances, or adapt to tax and property law changes. Our approach focuses on explaining the legal grounds for modification, outlining procedural steps, and helping clients evaluate whether a judicial modification is the most appropriate path for their situation. This guide provides clear, practical information to help you begin the process confidently and deliberately.
Many clients come forward uncertain whether a trust can be modified without court involvement or whether all parties must agree. There are informal methods such as amendment by the settlor when living, or administrative adjustments by trustees, but when conflicts arise or the settlor is unavailable, a trust modification petition becomes necessary. This page explains typical reasons for petitions, the evidence courts consider, and the likely timeline and outcomes. We also describe how a petition differs from other remedies like trust reformation, decanting, or beneficiary agreements, so you can choose the route that best protects your interests and preserves the grantor’s intent.
A trust modification petition provides a formal way to update a trust when informal options are unavailable or contested. Filing a petition can bring clarity to ambiguous trust language, fix drafting oversights, address unforeseen life events, and realign the trust with current legal and financial realities. Courts can issue orders that create definitive authority and protect trustees and beneficiaries against future disputes. For families in Rancho San Diego, the process can reduce uncertainty, secure assets for intended beneficiaries, and prevent prolonged litigation by resolving issues through a single adjudication. The central benefit is a legally enforceable modification that reflects present needs while respecting the trustmaker’s objectives.
The Law Offices of Robert P. Bergman serves clients across California, assisting with a range of estate planning and trust administration matters including trust modification petitions. Our team focuses on clear communication, careful analysis of trust documents, and thorough preparation of petition materials to present persuasive facts to the court. We collaborate with clients to develop a strategy that aligns with their goals, whether that means negotiating with other parties before filing or pursuing relief in probate court. We emphasize practical solutions that minimize conflict and preserve family relationships while protecting estate plan objectives.
A trust modification petition is a formal request to a probate or superior court asking for permission to change the terms of a trust. Courts consider several factors, including the grantor’s intent, whether the modification is consistent with the trust’s fundamental purpose, and whether beneficiaries or other interested parties consent. In some cases, courts will allow modifications to correct mistakes or to address unanticipated changes in circumstances. The petition must include clear factual support and legal argument showing why the requested change is appropriate and legally permissible under California trust and probate law.
Not every desired change requires a court petition; some trust instruments contain amendment provisions allowing changes without judicial action, particularly when the settlor is alive and capable. However, when the settlor is deceased, incapacitated, or unavailable, or when beneficiaries object, a petition is often necessary. The court process can involve notice to all interested parties, evidence hearings, and possible mediation or negotiation prior to final orders. Understanding these procedural requirements and potential outcomes helps clients prepare documentation, gather supporting evidence, and anticipate timeframes for resolution.
A trust modification petition seeks court authorization to modify, reform, or terminate a trust when circumstances require judicial intervention. Common legal bases include mistake in the trust instrument, changed circumstances that frustrate the trust’s purpose, or the need to reconcile a transfer that does not reflect the grantor’s intent. The petition should explain the requested change, identify interested parties, and present factual and legal grounds supporting the modification. The court will balance respect for the settlor’s original intent with equitable considerations and applicable statutes to determine if modification is warranted and how it should be implemented.
Successful petitions require a clear statement of the requested modification, identification of the parties with standing, and supporting evidence such as the original trust document, related estate planning instruments, and factual declarations. The petitioner must provide notice to beneficiaries and potentially affected creditors, and be prepared for court hearings and possible objections. Courts may require mediation, additional briefing, or revised proposed orders. Properly drafted pleadings and thorough evidentiary support increase the likelihood of a favorable outcome and help streamline proceedings in San Diego County probate courts.
Understanding common terms used in trust modification proceedings can make the process less intimidating. Terms such as settlor, trustee, beneficiary, reformation, decanting, and cy pres each carry specific legal meanings and implications. Knowing these definitions helps you interpret court filings, communicate effectively with the court and other parties, and evaluate options. This glossary section clarifies terminology so you can participate in decision-making with confidence and understand how different remedies may affect distributions, tax consequences, and trustee duties under California law.
Settlor refers to the person who creates the trust and contributes assets to it. The settlor’s intentions, as expressed in the trust document, are central to determining whether a court should allow a modification. If the settlor is alive and has reserved amendment power, changes can often be made without court intervention. When the settlor is deceased or incapacitated, courts examine extrinsic evidence to determine intent and the suitability of requested modifications. Knowing who the settlor is and what powers they reserved is a critical first step in evaluating a modification petition.
Reformation is a judicial remedy that allows a court to rewrite trust language to reflect the settlor’s original intent if the document contains mistakes or ambiguous drafting errors. Reformation requires evidence showing the trust language fails to reflect what the settlor intended, often through declarations, contemporaneous communications, or other supporting documents. The court may grant reformation to correct the instrument without changing the settlor’s substantive wishes. This remedy is useful when a trust provision would otherwise defeat the settlor’s plan due to error rather than deliberate choice.
Decanting refers to the process by which a trustee transfers assets from one trust to a new trust with different terms when authorized by statute or trust language. This technique can be used to change distribution terms, add protections, or correct administrative issues without direct court involvement if permitted by law and the trust instrument. When decanting is not available or when beneficiaries object, a trust modification petition may be necessary. Decanting rules vary by state, so it’s important to confirm applicable California provisions before proceeding.
Cy pres is a doctrine that allows courts to modify charitable trusts when the original charitable purpose becomes impossible or impracticable, redirecting trust assets to a closely related purpose. Judicial modification broadly covers any court-ordered change to a trust’s terms for equitable or statutory reasons. Both remedies require judicial scrutiny and often involve notice to interested parties, evidentiary hearings, and proposed orders. Understanding when a judicial remedy like cy pres or modification applies helps parties pursue the avenue that best preserves the settlor’s charitable or estate planning goals.
When a trust needs change, several routes may be available: private amendment by the settlor, trustee-initiated decanting, beneficiary agreements, or court-ordered modification or reformation. Each option has advantages and drawbacks. Private amendments are quickest but only available if the settlor retains capacity and amendment power. Decanting can be flexible but depends on statutory authority and trustee discretion. Beneficiary agreements avoid court costs when all parties consent. A petition for judicial modification becomes necessary when parties disagree or legal authority is unclear. Evaluating these choices requires a careful review of the trust document and the specific facts involved.
If the trust instrument expressly reserves amendment or revocation power to the settlor and the settlor remains competent and available, a simple amendment or restatement may resolve the issue without court involvement. This path is often the fastest and least adversarial, allowing the settlor to correct language, update beneficiaries, or change distribution terms directly. Even so, careful drafting is important to avoid unintended consequences. Parties should document the amendment clearly and ensure all relevant assets are properly titled to the updated trust to prevent later disputes or challenges in Rancho San Diego and California courts.
When all beneficiaries and other interested parties agree, they can often enter into a written agreement to modify trust terms, subject to statutory requirements that protect the interests of minors, incapacitated beneficiaries, or creditors. A beneficiary agreement can avoid court fees and delay, streamline changes, and preserve family harmony. The agreement should be drafted carefully to ensure it complies with California trust law and addresses tax or creditor implications. Even with consensus, securing appropriate documentation and recording changes can prevent future disputes and provide certainty about the trust’s revised terms.
When beneficiaries or trustees disagree about the meaning of trust provisions, the distribution of assets, or whether a proposed change is appropriate, court intervention may be required to resolve conflicts and ensure an enforceable outcome. A trust modification petition provides a forum to present evidence, receive judicial findings, and obtain a legally binding order that clarifies rights and duties. Litigation can be avoided in many cases through negotiation, but when consensus is not possible, a carefully prepared petition can protect parties from ongoing uncertainty and future disputes by obtaining definitive judicial guidance.
If the settlor is deceased or incapacitated and the trust lacks clear amendment mechanisms, or if ambiguities create disagreement among beneficiaries, seeking court modification may be the appropriate route. The court can evaluate the trustmaker’s intent, hear evidence about contextual circumstances, and order changes that align with the trust’s purpose while protecting legal rights. This process requires careful factual presentation, notice to interested parties, and often coordinated legal strategy to balance differing interests while ensuring the trustee can carry out administration in compliance with court orders and California law.
A comprehensive approach considers legal, financial, and personal implications before initiating a petition, which helps avoid unintended tax consequences, preserve family relationships, and reduce the risk of future litigation. By assessing the full estate plan, reviewing related documents such as wills, powers of attorney, and beneficiary designations, and consulting with financial advisors as needed, clients can make informed choices that align with long-term goals. A measured strategy seeks to resolve disputes efficiently while ensuring any court-ordered modification supports the trust’s overall purpose and the well-being of beneficiaries.
Comprehensive preparation also streamlines court proceedings by presenting organized documentation and persuasive factual support, which can shorten hearings and reduce costs. When proposed modifications consider tax planning, asset titling, and beneficiary needs, the resulting orders are more durable and less likely to invite future challenges. For families in Rancho San Diego and surrounding areas, a complete review of the trust and related estate planning instruments promotes clarity, reduces administrative burdens for trustees, and enhances confidence in the plan’s ability to achieve the grantor’s objectives over time.
A court-ordered modification creates legal certainty by producing an enforceable judgment or order that governs trustees and beneficiaries going forward. This reduces ambiguity about distribution mechanisms, trustee powers, and beneficiary rights, making administration smoother and less prone to conflict. When the court thoroughly evaluates the evidence and issues a reasoned order, trustees can act with confidence knowing their actions are backed by the judicial determination. This benefit is particularly important when assets are substantial or family relationships are sensitive and require clear, authoritative direction.
One of the primary goals of modification proceedings is to honor the settlor’s intent while adapting to present realities. A comprehensive strategy examines the trust language, supporting documents, and factual context to propose changes that align with the settlor’s objectives. Courts seek to effectuate intent where possible, and careful presentation of evidence increases the likelihood that modifications will reflect the original plan. Preserving intent helps ensure beneficiaries receive distributions consistent with the grantor’s wishes and reduces the chance of future disputes that could deplete estate assets.
Collecting the trust document, amendments, related wills, powers of attorney, beneficiary designations, and correspondence early can significantly streamline a modification petition. Accurate records of asset ownership, account statements, and trustee actions help demonstrate factual circumstances and support requested changes. Documentation such as letters, emails, or contemporaneous notes that reflect the settlor’s intent can be especially persuasive. Early organization reduces the chance of surprises during court proceedings and helps counsel prepare clear declarations and exhibits that illustrate why the requested modification serves the trust’s purpose.
Modifications can have tax consequences or affect creditor rights, so it is important to evaluate these implications in advance. Coordinate with financial advisors and tax professionals to understand how changes may affect estate, gift, or income tax exposure and whether creditor notices or claims could arise. Addressing these issues proactively in petitions or proposed orders reduces the risk of post-judgment challenges and helps craft modifications that align with broader financial planning concerns. Proper consideration of tax and creditor matters protects the trust’s assets and beneficiaries’ interests over the long term.
Clients should consider a trust modification petition when the trust instrument contains ambiguities, mistakes, or outdated provisions that cannot be resolved through informal amendment, beneficiary agreement, or trustee action. Common scenarios include incorrect property transfers into or out of a trust, changed family circumstances such as divorce or new dependents, or unforeseen tax law changes affecting the trust’s distribution scheme. A petition offers a formal resolution that can clarify administration, align outcomes with the settlor’s intent, and provide enforceable guidance for trustees and beneficiaries going forward.
Another reason to pursue a petition is when beneficiary disputes threaten prolonged conflict or when trustees are uncertain about their authority. Filing allows the court to issue clear instructions, reduce fiduciary risk for trustees, and protect beneficiaries from inconsistent administration. A petition may also be appropriate to address charitable trust issues under cy pres doctrine or to adapt a trust when its original purpose is frustrated. In each case, thoughtful preparation and clear evidence increase the likelihood that the court will approve a modification that preserves the trust’s central goals.
Typical circumstances prompting petitions include drafting errors that misstate beneficiary designations, failure to fund the trust properly, inconsistent beneficiary designations on other accounts, changes in family structure such as remarriage or divorce, and unforeseen legal developments that make original provisions impractical. Disputes about trustee powers or actions can also necessitate court involvement. Recognizing these common triggers helps parties act proactively, gather necessary documentation, and consider whether a negotiated resolution or court petition best addresses the problem in a legally sound way.
When trust provisions contain unclear wording or drafting mistakes that alter intended distributions or trustee authority, a petition for reformation or modification may be appropriate. Courts will examine evidence of the settlor’s intent and the circumstances surrounding the trust’s creation to determine whether correction is warranted. Presenting clear, contemporaneous evidence and credible declarations can persuade the court that modification aligns with the settlor’s actual plan. Addressing ambiguity through the judicial process reduces future litigation risks and helps trustees administer the trust according to clarified terms.
Significant changes such as births, deaths, divorces, remarriages, or substantial shifts in asset composition may render a trust’s original terms impractical or unfair. A modification petition can adapt distributions, trustee powers, or protective provisions to new realities while seeking to preserve the grantor’s overarching intent. Courts will consider whether the requested change better serves the trust’s purpose and the beneficiaries’ needs. Thoughtful presentation of the changed circumstances and proposed solutions can help the court authorize a modification that restores coherence to the estate plan.
Problems in trust administration such as unclear successor trustee designations, improper asset transfers, or trustee inaction can hamper distribution and management of trust assets. In these situations, parties may file petitions to clarify authority, remove or replace trustees, or authorize corrective transfers. Judicial relief can provide finality, empower trustees to act, and protect beneficiaries from mismanagement. Properly framed petitions that propose practical corrective measures help courts issue orders that restore effective administration and protect trust assets for their intended recipients.
If you are facing trust issues in Rancho San Diego, our team is available to discuss whether a trust modification petition is appropriate for your situation. We can review trust documents, explain legal options, and outline likely timelines and costs involved in seeking court relief. Local knowledge of San Diego County probate practice and court procedures helps in preparing petitions and coordinating notices to interested parties. Whether you seek a negotiated settlement or need to litigate, we aim to support clients through every step while focusing on practical, enforceable solutions.
Our firm brings extensive experience handling estate planning and probate matters across California, including trust modification petitions. We prioritize attentive client communication, thorough document review, and careful legal analysis to present persuasive petitions or negotiated settlements. Clients benefit from a structured approach that identifies key issues early, gathers supporting evidence, and seeks outcomes that honor the trustmaker’s intent while protecting beneficiaries. We focus on practical results and strive to minimize conflict and expense through clear strategy and preparation tailored to each case’s specific facts.
We understand the sensitive nature of trust disputes and the importance of preserving family relationships where possible. Our process begins with a detailed consultation to assess the trust documents and circumstances, followed by a recommended plan of action that may include negotiation, mediation, or court filing when necessary. We prepare thorough pleadings and declarations, coordinate required notices, and advocate for clients in hearings. This methodical preparation often leads to more efficient proceedings and durable resolutions that protect assets and clarify trustee responsibilities.
Clients also receive practical guidance on related issues such as asset retitling, beneficiary designations, and potential tax or creditor implications of proposed modifications. By combining legal strategy with attention to administrative and financial details, we help ensure that modifications are implemented effectively and that trustees have a clear roadmap for ongoing administration. Our goal is to secure outcomes that serve the trust’s purpose and provide peace of mind for trustees and beneficiaries alike.
Our process begins with a comprehensive review of the trust and related documents, followed by an evaluation of legal grounds for modification and a recommendation of options. We prepare a strategic plan that may include negotiation with interested parties, mediation, or filing a petition in probate court. When filing is necessary, we draft the petition, prepare declarations and exhibits, serve required notices, and represent clients at hearings. Throughout, we aim to keep clients informed of developments and to work efficiently toward a resolution that protects their interests and respects the trust’s objectives.
The initial step involves collecting and reviewing the trust document, amendments, related wills, beneficiary designations, account statements, and any communications that reflect the settlor’s intentions. We identify potential legal bases for modification, assess interested parties, and evaluate whether alternative approaches like decanting or beneficiary agreements are feasible. This review also looks for procedural requirements, notice obligations, and likely evidentiary needs. Clear understanding at this stage helps shape a focused petition and minimizes surprise issues later in the process.
Collecting timely and relevant evidence is essential for demonstrating the need for modification. This may include the original trust, prior drafts, correspondence, financial records showing asset transfers, and declarations from witnesses who can attest to the settlor’s intent or to changed circumstances. Supporting documents strengthen factual claims and provide the court with a coherent narrative explaining why the proposed change is appropriate. Early gathering and organization of these materials help to streamline pleadings and prepare for potential evidentiary hearings.
Determining who must receive notice is a critical early task. Interested parties can include beneficiaries, heirs, trustees, and certain creditors, depending on the trust’s terms and the requested relief. Proper service and compliance with statutory notice requirements ensure the court can proceed and reduce the risk of future challenges. Careful attention to these details prevents delays and helps establish a clear record that the petition was brought fairly and transparently to all affected stakeholders.
After preparation, the petition and supporting documents are filed with the appropriate probate court. The filing initiates formal proceedings and triggers statutory notice obligations to interested parties. The court may set a hearing, request additional briefing, or refer the matter to mediation. Parties may lodge objections or propose alternative resolutions. Effective courtroom advocacy and a well-supported petition increase the chance of a favorable ruling. Throughout this phase, we monitor deadlines, respond to filings from other parties, and seek to advance the case efficiently toward a hearing or negotiated settlement.
Properly serving required notices on beneficiaries and other interested parties is essential to keeping the case on track. Once notices are served, recipients may object or file competing pleadings. Responding promptly and substantively to objections often narrows disputed issues and can lead to productive negotiations. If objections persist, the court may conduct evidentiary hearings to resolve contested facts. Clear communication with opposing parties and careful preparation of responses and declarations help present a persuasive case to the court and limit unnecessary delays.
Courts frequently encourage or require mediation to resolve trust disputes amicably. Mediation can save time and costs and allow parties to shape creative solutions outside the strictures of formal orders. Even when mediation does not yield a complete settlement, it often clarifies contested points and reduces issues for trial. Preparing a mediation brief and supporting exhibits provides leverage for settlement discussions. Engaging constructively during mediation can preserve relationships and lead to a durable resolution that the court will then formalize if requested by the parties.
If disputes remain after negotiation and mediation, the matter proceeds to a court hearing where evidence and legal arguments are presented. The court evaluates testimony, declarations, and documentary evidence to determine whether a modification, reformation, or other relief is appropriate. If the court grants relief, it issues orders that specify modified trust terms, directives for trustee action, and any conditions or findings required. Following entry of the order, parties must implement changes, retitle assets if necessary, and follow any reporting requirements set by the court.
During hearings, presenting organized, credible evidence is key. Witness declarations, documentary exhibits, and, if needed, live testimony explain why modification is necessary and how proposed changes align with the trust’s purpose. Courts weigh the persuasiveness of evidence and whether the requested relief respects the settlor’s intent. Focused preparation of witnesses and exhibits helps the court resolve factual disputes efficiently and supports a reasoned order that trustees can implement with confidence.
Once the court issues a modification order, it’s important to implement required changes, which may include retitling assets, updating account beneficiary designations, and adjusting trustee authority. The trustee should follow court directives and file any required receipts or reports. If further clarification or enforcement is needed, additional proceedings may be pursued. Timely compliance with the court’s order protects trustees from liability and ensures beneficiaries receive distributions according to the revised trust terms.
A trust modification petition is a formal filing with the probate or superior court requesting a change to an existing trust when informal adjustments are not feasible or when interested parties disagree. Petitions commonly seek reformation to correct drafting errors, modification to adapt to changed circumstances, or orders addressing trustee authority. The petition must include factual declarations and legal arguments showing why the requested relief aligns with the trust’s purposes and applicable law. Courts consider whether the modification preserves the settlor’s intent and if it is equitable under the circumstances. The process typically involves serving notice to beneficiaries and other interested parties, responding to any objections, and presenting evidence at a hearing. When granted, the court issues an enforceable order that guides trustee actions and clarifies beneficiary rights.
Yes, trusts can sometimes be modified without court involvement if the settlor is alive and retains amendment power, or if the trust instrument authorizes trustee-initiated changes such as by decanting. Beneficiaries who unanimously agree may also enter into a written settlement to alter terms, provided statutory safeguards are met to protect minors or incapacitated individuals. These options can be quicker and less costly than court proceedings when applicable. However, when the settlor is deceased, incapacitated, or when parties disagree, a judicial petition may be required to ensure changes are legally binding and defendable. Choosing the right path depends on the trust language, the parties involved, and the specific goals of the proposed modification.
Parties with legal standing such as the settlor during life, a trustee, or an interested beneficiary may file a petition to modify a trust. Standing depends on statutory definitions and the trust’s terms, and courts require that those filing show a legitimate interest in the trust’s administration or outcome. Trustees often file petitions to clarify or expand their authority when uncertainty threatens proper administration. Beneficiaries who believe the trust requires correction or reinterpretation because of mistake or changed circumstances can also bring petitions. In contested matters, courts ensure notice is given to all interested individuals so everyone has an opportunity to respond before the court renders a decision.
Courts consider evidence that explains the trust creator’s intent, such as the trust document itself, prior drafts, related estate planning instruments, correspondence, and witness declarations. Testimony from individuals who had direct knowledge of the settlor’s intentions, as well as financial records showing how assets were intended to be held, may be persuasive. Demonstrating a mistake or showing that circumstances have rendered the original provisions impracticable are common bases for relief. Additionally, courts evaluate statutory criteria and precedent, balancing the need to honor the settlor’s expressed wishes against equitable considerations. Clear, organized evidence presented through well-crafted declarations and exhibits strengthens the case for modification and helps the court issue a carefully reasoned order.
The timeline for a trust modification petition varies depending on complexity, whether parties agree, and the court’s schedule. Simple uncontested petitions can be resolved in a matter of weeks to a few months, particularly if notice requirements and documentation are straightforward. Complex contested matters that require discovery, multiple hearings, or evidentiary testimony may take several months to over a year to reach resolution. Factors such as the number of interested parties, the need for mediation, and court backlog in San Diego County affect the duration. Preparing a thorough petition, providing complete documentation, and attempting negotiation where feasible can reduce delays and help the matter progress more efficiently toward a final order.
Modifying a trust can have tax and creditor implications depending on the nature of the change. Some modifications may trigger income, gift, or estate tax considerations, particularly when assets are reallocated or when beneficiaries’ interests are altered. Changes that affect asset ownership may also provide opportunities for claims by creditors, depending on timing and statutory protections. Consulting with tax advisors and considering creditor notice requirements as part of the modification process can mitigate adverse impacts. Courts will sometimes consider creditor rights and statutory protections when approving modifications, and careful planning helps align the petition with broader financial and legal considerations to minimize negative consequences.
Alternatives to a judicial modification include private amendment by a living settlor who retains amendment powers, decanting by a trustee where statute permits transferring assets to a new trust with revised terms, and beneficiary agreements when all interested parties consent. These options can be faster and less adversarial than court proceedings when they are legally available and appropriate for the situation. However, when the settlor is unavailable or parties disagree, the court provides a forum for resolving disputes and issuing an enforceable order. Evaluating the trust language and statutory options early on helps determine whether a nonjudicial route is feasible or whether a petition offers the most durable path to achieve the desired outcome.
Costs for filing a trust modification petition vary based on case complexity, attorney involvement, court filing fees, and whether the matter is contested. Uncontested petitions may involve modest court fees and limited legal work, while contested matters entail additional briefing, discovery, and hearing time that increase costs. Mediation and settlement efforts can reduce expenses compared with prolonged litigation. Obtaining a clear cost estimate after an initial review helps clients understand potential fees and court expenses. Many firms offer structured fee arrangements or phased approaches to provide cost predictability. Discussing budgeting and possible cost-saving measures upfront aids in planning the timing and scope of the petition.
Yes. When a court enters an order approving a modification and explicitly instructs trustees on their duties, trustees who follow those orders are generally protected from liability for actions taken consistent with the judgment. Court orders provide authoritative guidance that reduces exposure to beneficiary claims for breach of fiduciary duty related to matters addressed in the modification. Trustees should ensure compliance with court directives, properly document actions taken under the order, and seek clarification from the court if uncertainties remain. Maintaining transparent records and following the court’s terms protects trustees and provides a clear administrative path forward.
If you suspect a trust contains drafting mistakes, gather all related documents and communications that might show the settlor’s intent, including drafts, letters, or notes. Early collection of evidence helps support a petition for reformation or modification. Consulting with counsel promptly allows for assessment of whether informal correction is possible or if judicial relief is advisable given the settlor’s status and potential objections from beneficiaries. Documenting the suspected error and preserving evidence reduces the chance that key information will be lost. Counsel can help determine the most effective route for correction, whether through negotiation, nonjudicial remedies, or by filing a petition seeking reformation that explains the mistake and proposes language that accurately reflects the settlor’s intent.
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