What two elements must be shown under UPC to reform a will for a mistake?

• A. Clear and convincing evidence of the testator's intent at execution and that the will was affected by a mistake of fact or law.
• B. A simple majority vote by heirs.
• C. A judicial order based on hearsay.
• D. A finding of fraud with financial loss.

Answer: (A)

Under the UPC, reforming a will to reflect the testator’s true intent when a mistake occurred requires proving two things by clear and convincing evidence. First, the court must know what the testator truly intended at the time the will was executed. Second, the will must contain a mistake of fact or law that caused the language to fail to express that intent. When both elements are established, the court may reform the will to match the testator’s intended gift or provision.

This isn’t about a vote by heirs or about hearsay orders; it’s about showing the exact intent and the mistaken language that prevented that intent from being carried out. It also isn’t about fraud with financial loss, which is a different theory; reform for a mistake focuses on correcting the written document to reflect what was actually intended.