New Case: Irrevocable Trust Agreement of 1979

A donor may seek relief from an alleged gift because of unilateral mistake. In Irrevocable Trust Agreement of 1979, 331 P.3d 881 (Nev. 2014), a case of first impression, the Supreme Court of Nevada held that the donor of an inter vivos gift may obtain relief from the gift, including rescission and reformation, if the donor can prove unilateral mistake by clear and convincing evidence.

Special thanks to William LaPiana (Professor of Law, New York Law School) for bringing this case to my attention.