Question 1

What written instruments can be reformed in Florida?

Accepted Answer

Reformable instruments: contracts (purchase agreements, leases, and service contracts), deeds (warranty deeds, quitclaim deeds, and special warranty deeds), mortgages (errors in the loan amount, interest rate, or property description), trusts (errors in the trust document that do not reflect the settlor’s intent), and wills (limited: Florida allows reformation of wills to correct scrivener’s errors under Section 732.615). The instrument must have existed: reformation corrects an existing document, not one that was never created.

Question 2

What is the role of extrinsic evidence in Florida reformation?

Accepted Answer

Extrinsic evidence: is essential to reformation because: the plaintiff must prove the true agreement (which differs from the written document), the written document is presumed to reflect the parties’ agreement (the plaintiff must overcome this presumption), and the only way to prove the discrepancy is through evidence outside the document (testimony, correspondence, drafts, and other communications). The court considers: all relevant evidence (oral and written), and weighs it against the clear and convincing evidence standard.

Question 3

Can a trust be reformed in Florida?

Accepted Answer

Trust reformation (Section 736.0415): a court may reform a trust to conform the terms to the settlor’s intention if: the terms do not reflect the settlor’s intent due to a mistake of fact or law (even a unilateral mistake by the drafter), and the settlor’s true intent can be proved by clear and convincing evidence. This is broader than contract reformation: it allows reformation for unilateral mistakes (not just mutual mistakes). The reformation can: correct errors in the trust document, add omitted terms, and modify terms that do not reflect the settlor’s intent.

Reformation of Written Instrument

Reformation of Written Instruments in Florida

Reformable Instruments

Extrinsic Evidence

Trust Reformation

Related Terms

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