Reformation of Trust Does Not Preclude Damages in Legal Malpractice Lawsuit

In Carlson v. Sweeney, (Ind., No. 46S05-0801-CV-27, Oct. 21, 2008), the Indiana Supreme Court ruled that even though a trust is reformed for a mistake of law, the attorney may still be liable for the creation of the trust. The court said that while normally reformation is only appropriate for mistake of fact, there are some instances where reformation is appropriate for mistake of law.

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