DET Grant Practice Test

Under the UPC, a will can be reformed to reflect the testator’s actual intent even if the language looks unambiguous, as long as there is clear and convincing evidence that (1) the testator intended a particular disposition at the time of execution and (2) the written terms don’t reflect that intent because of a mistake of fact or law. This rule protects the testator’s true wishes from being thwarted by drafting errors or misapplied legal concepts, and the high burden of proof—clear and convincing—ensures courts only make changes when the evidence is strong. Mistakes can be of fact (such as misidentifying a beneficiary) or of law (such as misapplying a legal rule). Since the scenario presents both the testator’s intent and a mistake with clear and convincing evidence, reform is permitted.