2021 Colorado Code
Title 15 - Probate, Trusts, and Fiduciaries
Article 11 - Intestate Succession and Wills
Part 8 - General Provisions Concerning Probate and Nonprobate Transfers
§ 15-11-806. Reformation to Correct Mistakes

The court may reform the terms of a governing instrument other than a trust that is governed by section 15-5-415 , even if unambiguous, to conform the terms to the transferor's intention if it is proved by clear and convincing evidence what the transferor's intent was and that the terms of the governing instrument were affected by a mistake of fact or law, whether in expression or inducement.

History. Source: L. 2009: Entire section added,(HB 09-1287), ch. 310, p. 1687, § 15, effective July 1, 2010. L. 2018: Entire section amended,(SB 18-180), ch. 169, p. 1193, § 10, effective January 1, 2019.

For provisions relating to the time of taking effect or the provisions for transition of this code, see § 15-17-101 .

COMMENT

Added in 2008, Section 2-805 is based on Section 415 of the Uniform Trust Code, which in turn was based on Section 12.1 of the Restatement (Third) of Property: Wills and Other Donative Transfers (2003).

Section 2-805 is broader in scope than Section 415 of the Uniform Trust Code because Section 2-805 applies but is not limited to trusts.

Section 12.1, and hence Section 2-805, is explained and illustrated in the Comments to Section 12.1 of the Restatement and also, in the case of a trust, in the Comment to Section 415 of the Uniform Trust Code.

Law reviews. For article, “Correcting Documentary Misdescription With Reformation”, see 39 Colo. Law. 97 (Aug. 2010). For article, “Court-Approved Trust Modifications--Binding Effect on IRS and Tax Consequences”, see 41 Colo. Law. 55 (June 2012). For article, “Reformation: From Here to Uncertainty”, see 44 Colo. Law. 59 (Sept. 2015). For article, “Avoiding Pitfalls for Minor Beneficiaries of IRAs and Other Qualified Retirement Benefits”, see 46 Colo. Law. 47 (Oct. 2017).

This section is not a rule of construction. In re Estate of Ramstetter, 2016 COA 81 , 411 P.3d 1043.

Former spouse has standing to pursue reformation claim. Section 15-11-804 does not foreclose a former spouse from bringing a reformation claim pursuant to this section. In re Estate of Little, 2018 COA 169 , 433 P.3d 172.