Sometimes a trust does not say what the person who signed it meant. A name is wrong. A percentage does not add up. A clause was left out of the final draft. The settlor has died, so nobody can ask what they intended, and the successor trustee is bound by the words on the page.
In those situations, Nevada courts have a remedy called reformation. It lets a judge correct the trust so that it matches the settlor’s actual intent. It is one of the most powerful tools for fixing a bad trust after a death, and one of the most misunderstood. Here is how it works, what you have to prove, and what it cannot do.
What Is Trust Reformation?
Reformation is a court-ordered correction of a trust document. Instead of interpreting what the words mean, the court changes the words so that the trust reflects what the settlor intended to write. It is an equitable remedy, meaning it comes from a judge’s authority to do justice where the written document has failed to capture the truth.
It is different from a modification. Reformation fixes errors that existed when the trust was signed. Modification, in contrast, adjusts a trust because circumstances have changed since it was signed. Both can be requested from the court, but the proof and the legal arguments are different.
When Can a Nevada Court Reform a Trust?
The most common ground is a drafting mistake, often called a scrivener’s error. Examples include:
- A beneficiary’s name is wrong, or a beneficiary was left out entirely
- Percentages or shares do not add up to 100 percent
- A property description refers to the wrong asset
- A provision was deleted or omitted when the document was finalized
- The trust refers to a different trust, date, or article than the one intended
- Language meant to secure a tax benefit, such as a marital or charitable deduction, does not do what the settlor was trying to accomplish
- Courts may also step in when a trust’s terms have become impractical because of circumstances the settlor could not have foreseen, although those requests are usually framed as modifications rather than reformation.
We cover the most common type of mistake in a separate guide on scrivener’s errors in Nevada trusts.
What You Have to Prove
The person asking for reformation carries the burden of showing two things: what the settlor actually intended, and that the trust’s language failed to express it because of a mistake. Courts generally require strong evidence, often described as clear and convincing evidence, before they will change a document that the settlor signed.
Useful evidence includes:
- The drafting attorney’s file, including notes from client meetings, instruction letters, and earlier drafts
- Testimony or a declaration from the attorney who prepared the trust, or from staff who were present
- Prior estate planning documents showing a consistent plan
- Emails, letters, and notes from the settlor describing what they wanted
- Testimony from people the settlor confided in, such as family members, an accountant, or a financial advisor
Many courts follow the approach of allowing this kind of outside evidence even when the trust seems clear on its face, because reformation exists precisely to correct writing that does not match intent. The details of how Nevada judges apply this in practice matter a great deal, which is one reason local counsel is important.
What Reformation Cannot Do
Reformation is not a way to make a trust fairer or to give the family a better result. Courts will not reform a trust because a beneficiary needs the money more, because the settlor’s situation changed, or because the settlor would probably have done things differently had they known what would happen later. Reformation corrects a mistake in what was written down. It does not rewrite a plan the settlor actually chose.
It also cannot cure a trust that is invalid or an asset that was never placed in the trust. Those problems call for different proceedings, including a set aside proceeding or a trust contest.
How a Reformation Case Works in Nevada
A reformation begins with a petition filed in the district court for the county where the trust is administered. In Clark County, that is the Eighth Judicial District Court in Las Vegas. In Washoe County, it is the Second Judicial District Court in Reno.
The petition explains the mistake, proposes the corrected language, and attaches the supporting evidence. Every interested person must receive notice, meaning the trustee and each beneficiary whose interest could be affected. If a beneficiary is a minor, unborn, or unable to protect their own interests, the court may appoint someone to represent them. Interested parties can agree with the petition or object, and the court decides after a hearing.
If everyone agrees, the process can be quick and inexpensive. If a beneficiary objects because the correction takes away something they expected, the case becomes contested and takes longer.
Reformation and Taxes
When a trust was meant to qualify for a tax benefit but the wording fell short, reformation is sometimes the only cure. A state court order does not automatically bind the IRS, but the IRS generally respects a reformation that was sought promptly and in good faith to fix a genuine error, rather than one designed to get around the tax law. If taxes are part of the problem, bring your CPA into the conversation early.
Reformation or Something Simpler?
Before filing a petition, ask whether a lighter tool can do the job. If every affected beneficiary agrees on the fix, a nonjudicial settlement agreement may resolve it without a judge. If the trustee has discretionary distribution power, trust decanting may be an option. Our guide to how to fix a bad trust in Nevada compares all three.
Frequently Asked Questions
Can a court change who inherits under a trust?
Yes, if the evidence shows the trust incorrectly states who the settlor meant to benefit. It cannot do so simply because the result seems unfair.
Who can file a petition to reform a trust?
Typically the trustee or a beneficiary, as an interested person.
Do I need a lawyer to reform a trust?
In practice, yes. The petition needs to be drafted carefully, the evidence assembled properly, and notice given correctly to everyone affected.
Talk to a Las Vegas Trust Reformation Attorney
Boyer Law Group handles trust problems that arise after a death, for families in Las Vegas, Henderson, Reno, and across Nevada. If your trust contains a mistake that is keeping you from administering it, 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