You sit down with the trust your father signed, ready to start the work of a successor trustee, and something jumps out. The house is left to “my son Michael,” but his son is named Mitchell. Two beneficiaries are each given “fifty percent of the residue” and a third is given “one-third.” A paragraph refers to Article 9, and there is no Article 9.
Documents drafted by people are sometimes wrong. When the error is small, most people assume the trustee can just do the sensible thing. Under Nevada law, that assumption can get a trustee into serious trouble. This guide covers what a scrivener’s error is, what to do the moment you spot one, and how these mistakes get fixed.
What Is a Scrivener’s Error?
A scrivener is the person who writes a document out. A scrivener’s error is a mistake in putting the settlor’s instructions into writing: a wrong name, a wrong number, an omitted clause, a bad cross-reference, or a legal description that does not match the property. The key feature is that the words on the page do not match what the settlor actually wanted.
That is different from a trust that says something the family dislikes. If the settlor really meant to leave a smaller share to one child, the trust is not mistaken, even if the result feels harsh. The question is always what the settlor intended, and whether the document failed to say it.
Common Errors We See in Trusts
| Type of error | Example | Usual way to fix it |
| Wrong or misspelled name | A grandchild’s name differs from the birth certificate | Often an agreement or a simple declaration; court if disputed |
| Shares that do not add up | Percentages total 90 or 110 percent | Nonjudicial settlement agreement or reformation |
| Omitted beneficiary | A child left out of the distribution article | Reformation, if the evidence of intent is strong |
| Missing or broken cross-reference | A clause refers to a provision that does not exist | Interpretation by agreement or petition for instructions |
| Wrong property description | A deed or schedule lists the wrong parcel | Depends on whether the asset is in the trust; may need a court proceeding |
| Deleted or dropped clause | A survivorship or successor trustee provision was lost in a final draft | Reformation, supported by drafts and attorney notes |
What to Do Immediately
1. Stop and do not distribute. A trustee who distributes based on their own guess about what the settlor meant risks personal liability if the guess is wrong. Pause any distribution that depends on the unclear or incorrect language.
2. Do not fix it yourself. A trustee cannot correct the trust by crossing something out, retyping a page, or telling the beneficiaries “what Dad really meant.” The document as signed is what governs until a valid process changes it.
3. Preserve everything. Keep the original trust, all amendments, earlier versions, and any letters, emails, or notes from the settlor. These can become key evidence.
4. Identify the drafting attorney. The lawyer or firm that prepared the trust may hold a file with meeting notes, drafts, and instruction letters that show what the settlor asked for. If that lawyer has retired or died, their files may be with a successor firm or a records custodian.
5. Tell the right people at the right time. Trustees have duties to keep beneficiaries reasonably informed, but how and when to explain a drafting problem matters. An unplanned announcement can turn a fixable error into a family fight. See our guide to common successor trustee mistakes for more.
How Nevada Trust Errors Get Fixed
There are two main paths, and the right one depends on whether everyone agrees.
If all affected beneficiaries agree, a nonjudicial settlement agreement can correct or clarify the trust without going to court. This is often the fastest and least expensive solution. It works only if every indispensable party signs and the fix does not defeat a material purpose of the trust.
If they do not agree, or if the error is significant, the trustee or a beneficiary can ask the district court to correct the document through trust reformation. The petitioner must present strong evidence of what the settlor intended, which is where the drafting file and other records become critical.
If the language is not wrong so much as unclear, the better tool may be a court’s interpretation rather than a correction. That is covered in our post on unclear trust language in Nevada.
When a Trust Error Affects Real Estate
Mistakes involving property are especially common in Las Vegas and Henderson, where a family home is often the largest asset. A trust may name the wrong property, or the deed may never have been recorded in the trust’s name. Those are two different problems. A wrong description in the trust document may call for reformation. A missing or defective deed may mean the property was never in the trust at all, which can require a set aside proceeding or a probate. Our page on probate for real estate in Las Vegas explains that side of it.
Protecting Yourself as Trustee
A trustee who spots a mistake and handles it carefully is usually well protected. A trustee who quietly works around it is not. Document what you found and when, keep beneficiaries informed in a measured way, and get advice before acting. Doing so also protects your relationships with your family, which is often the real stake.
Frequently Asked Questions
Can I just correct an obvious typo in the trust?
No. Even an obvious typo needs an agreement or a court order, because the trustee has no power to rewrite the document.
What if the beneficiaries all know what the settlor meant?
They can sign a settlement agreement to document the fix. Informal understandings do not protect the trustee.
Does a mistake mean the whole trust is invalid?
Almost never. Most drafting errors can be corrected while leaving the rest of the trust intact.
What if the mistake helps me?
Then the conflict of interest is a reason to get independent legal advice before doing anything.
Get Help With a Trust Mistake in Nevada
Boyer Law Group works with trustees and beneficiaries across Las Vegas, Henderson, and all of Nevada who have found a problem in a loved one’s trust. To talk through your options, schedule a free consultation or call (702) 778-4579.
Related reading: For the full picture, see our guide to changing an irrevocable trust in Nevada after the settlor dies. If you want help, here is what to expect when hiring a trust modification attorney in Las Vegas.
This article is general information about Nevada law, not legal advice for your situation.
Written by: Kim Boyer