Bilafer

On December 30, 1999, Mitchell J. Bilafer (Mitchell) executed two irrevocable trusts (collectively, the 1999 Trusts). In 2006, Mitchell filed petitions to reform the 1999 Trusts to conform them to his intent. The trial court denied each petition, determining Mitchell lacked standing under common law and under Civil Code section 3399 to petition for reformation. We conclude the trustor of an irrevocable trust, like Mitchell, has standing to petition to reform the trust when he claims a drafting error has interfered with the execution of his dispositive intent. We reverse the court’s order denying Mitchell’s petitions for lack of standing and remand to the trial court to address the merits of the petitions.

BACKGROUND

The petitions for modification alleged as follows: In 1994, Mitchell executed two irrevocable trusts, the 1994 Martin Trust and the 1994 Judith Trust (collectively, the 1994 Trusts), for the benefit of two of his children, Martin and Judith, and their heirs. Mitchell never funded the 1994 Trusts, because he and his then wife entered divorce proceedings and Mitchell put his estate planning on hold. During the divorce proceedings, Martin asked that a change be…