On behalf of The Law Office of Wickersham and Bowers posted in Estate Planning on Thursday March 20th, 2025.
Nobody likes to think about what happens after they’re gone, but estate planning is supposed to make things easier for loved ones. The problem is that wills and trusts don’t always get it right. There could be a typo, the law changed, or the document doesn’t reflect what the person really wanted. The good news is that mistakes in estate plans can be fixed, even after death.
Florida provides legal tools like judicial reformation, trust decanting, and disclaimers to help correct errors and ensure assets go where they should.
Judicial Reformation
A will is supposed to be final. However, Florida Statute § 732.615 allows courts to fix mistakes of fact or law if there’s clear and convincing evidence of an error. Judicial reformation lets a judge rewrite a will to match what the deceased actually intended.
For example, if a will leaves property to “John Smith” but the testator meant “Jon Smyth,” the court can step in and correct the mistake. Even if the will seems clear on paper, courts can look at outside evidence, like emails or witness testimony, to determine what was really supposed to happen.
Decanting
Unlike wills, trusts are harder to change, especially if they’re irrevocable. However, according to Florida Statute § 736.0415, trustees can “decant” a trust. They can move assets from an old trust into a new one with better terms.
Decanting might be necessary when:
- The trust has outdated terms that make managing it difficult.
- Tax laws change, and the current trust structure no longer makes sense.
- The beneficiaries’ needs have shifted, and the trust needs to be more flexible.
Disclaimers
Sometimes, a beneficiary doesn’t want an inheritance. Some of the reasons could be that inheritance comes with tax burdens, or maybe they’d rather have it go to someone else. A qualified disclaimer lets them legally refuse the inheritance without penalty.
To work, the disclaimer must be:
- In writing
- Filed within nine months of the decedent’s death
- Irrevocable (once you disclaim it, you can’t change your mind)
If you need help fixing an estate plan, contact Wickersham & Bowers today to get the right legal guidance.
