Dictionary of Law
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

reformation :: legal definition


Reformation - n. the correction or change of an existing document by court order upon petition of one of the parties to the document. Reformation will be ordered if there is proof that the parties did not intend the language as written or there was an omission due to mistake or misunderstanding. Quite often a party petitions for reformation when one or both parties realize the effect of the document as written is different from what was expected but it has already been recorded or filed with a governmental agency. Examples: a paragraph is omitted from a trust which results in the transfer to the trust being a gift subject to gift tax, and which needs to be corrected to keep the state taxing authority from demanding payment. The attorney writing the final draft of a limited partnership agreement writes in a calculation which would triple the profit to a limited partner above the amount discussed by the parties, and when the limited partner refuses to change the document, the general partner sues for reformation.


Related Law Terms

amend :: v. to alter or change by adding, subtracting, or s ... mended pleading statute stipulation
attorney-in-fact :: n. someone specifically named by another through a ... cument. See also: power of attorney
bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy
change of circumstances :: n. the principal reason for a court modifying (ame ... ild support divorce spousal support
charitable remainder trust (Charitable Remainder Irrevocable Unitrust) :: n. a form of trust in which the donor (trustor or ... ed up or committed. See also: trust
child support :: n. court-ordered funds to be paid by one parent to ... ild custody divorce spousal support
claim in bankruptcy :: n. the written claim filed by persons or businesse ... : bankruptcy bankruptcy proceedings
clean hands doctrine :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
color of title :: n. the appearance of having title to personal or r ... rty based on this "color of title."
commingling :: n. the act of mixing the funds belonging to one pa ... rust accounts for funds of another.
conditional bequest :: n. in a will, a gift which will take place only if ... rries." See also: bequest executory
confidential relation :: n. a relationship in which one person has confiden ... remely obvious. See also: fiduciary
contribution :: n. 1) donation to a charity or political campaign. ... f $3,000 from each of his partners.
deed :: 1) n. the written document which transfers title ( ... veyance deed of trust warranty deed
discovery :: n. the entire efforts of a party to a lawsuit and ... ee also: deposition interrogatories
divorce :: 1) n. the termination of a marriage by legal actio ... y separate property spousal support
enjoin :: v. for a court to order that someone either do a s ... so: injunction temporary injunction
escrow :: 1) n. a form of account held by an "escrow agent" ... w the deal." See also: escrow agent
ex parte :: (ex par-tay, but popularly, ex party) adj. Latin m ... and place of any ex parte hearing.
file :: 1) v. to deposit with the clerk of the court a wri ... rrespondence and notes on the case.
gag order :: n. a judge's order prohibiting the attorneys and t ... st day in office, January 22, 1993.
garnish :: v. to obtain a court order directing a party holdi ... ed. See also: garnishee garnishment
general partner :: n. 1) usually one of the owners and operators of a ... ted partnership partner partnership
generation skipping :: adj., adv. referring to gifts made through trusts ... to a grandchild without a gift tax.
gift :: n. the voluntary transfer of property (including m ... ift tax unified estate and gift tax
gift in contemplation of death :: n. (called a gift causa mortis by lawyers showing ... ift tax unified estate and gift tax
gift tax :: n. federal tax on large gifts. Gifts to members of ... ance in gift tax planning is vital.
guardian :: n. a person who has been appointed by a judge to t ... torship. See also: conservator ward
injunction :: n. a writ (order) issued by a court ordering someo ... t. See also: injunctive relief writ
inspection of documents :: n. the right to examine and copy the opposing part ... evidence subpena duces tecum trial
interlineation :: n. the act of writing between the lines of a docum ... document re-typed and then signed.
judicial foreclosure :: n. a judgment by a court in favor of foreclosure o ... deed of trust foreclosure mortgage
lapse :: 1) v. to fail to occur, particularly a gift made i ... eficiary devisee legatee trust will
lease :: 1) n. a written agreement in which the owner of pr ... triple net lease unlawful detainer
libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander
lien :: n. any official claim or charge against property o ... ord's lien mechanic's lien mortgage
limited liability :: n. the maximum amount a person participating in a ... ted damages partnership shareholder
limited partnership :: n. a special type of partnership which is very com ... mited liability partner partnership
mandamus :: (man-dame-us) n. Latin for "we order," a writ (mor ... mandamus. See also: writ of mandate
marital deduction :: n. an estate tax deduction allowed a surviving spo ... community property estate tax trust
modification :: n. a change in an existing court order or judgment ... terms of child support and custody.
motion :: n. a formal request made to a judge for an order o ... g, an oral motion may be permitted.
motion for a summary judgment :: n. a written request for a judgment in the moving ... strict procedures. See also: motion
notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice
oral contract :: n. an agreement made with spoken words and either ... itten. See also: agreement contract
order to show cause :: n. a judge's written mandate that a party appear i ... vernmental agency. See also: O.S.C.
partner :: n. 1) one of the co-owners and investors in a "par ... ner limited partnership partnership
partnership :: n. a business enterprise entered into for profit w ... partnership partner silent partner
party :: n. 1) one of the participants in a lawsuit or othe ... y real party in interest respondent
per stirpes :: (purr stir-peas) adj. Latin for "by roots," by rep ... descent and distribution trust will
petition :: 1) n. a formal written request to a court for an o ... dent. See also: divorce motion writ
pleading :: n. 1) every legal document filed in a lawsuit, pet ... nswer complaint demurrer plea plead
power of attorney :: n. a written document signed by a person giving an ... y, as in a real estate transaction.
promissory note :: n. a written promise by a person (variously called ... lso: interest obligee obligor usury
record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial
respondent :: n. 1) the party who is required to answer a petiti ... "appellant") in the appeals court.
satisfaction of judgment :: n. a document signed by a judgment creditor (the p ... ord. See also: abstract of judgment
self-dealing :: n. in the stock market, using secret "inside" info ... ederal Securities and Exchange Act.
service :: n. 1) paid work by another person, either by contr ... ersonal services service of process
service by mail :: n. mailing legal pleadings to opposing attorneys o ... attorney by mail. See also: service
service of process :: n. the delivery of copies of legal documents such ... by publication substituted service
silent partner :: n. a non-legal term for an investor who puts money ... partner limited partnership partner
specific performance :: n. the right of a party to a contract to demand th ... artwork. See also: contract prayer
spendthrift clause :: n. a provision in a trust or will that states that ... tly to Junior. See also: trust will
statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll
subpena duces tecum :: : (suh-pea-nah dooh-chess-take-uhm or dooh-kess-ta ... ng a court order. See also: witness
substitution of attorney :: n. a document in which the party to a lawsuit stat ... t any time. See also: substitute in
surrebutal :: n. in written or oral legal argument, the response ... h until the judge stops the debate.
tax :: n. a governmental assessment (charge) upon propert ... unified estate and gift tax use tax
tax costs :: n. a motion to contest a claim for court costs sub ... sts" to avoid paying these charges.
unified estate and gift tax :: n. in federal estate taxes, the value of the estat ... turn. See also: estate tax gift tax
venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens
will :: n. a written document which leaves the estate of t ... will and testament probate testator

Popular Law Searches

legal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.
chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity
testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will
contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer
forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger."
mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor.
clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate.

Other Law Terms - R

race to the courthouse :: n. slang for the rule that the first deed, deed of ... e also: deed judgment lien mortgage
Racketeer Influenced Corrupt Organization (RICO) statue :: n. a federal law which makes it a crime for organi ... s to operate legitimate businesses.
racketeering :: n. the federal crime of conspiring to organize to ... ("organized crime" or "the Mafia").
ransom :: 1) n. money paid to a kidnapper in demand for the ... ive. See also: abduction kidnapping
rape :: 1) n. the crime of sexual intercourse (with actual ... See also: date rape statutory rape
ratable :: adj. taxable according to value, such as an estate ... lue, such as an estate or property.
ratification :: n. confirmation of an action which was not pre-app ... mployee). See also: agent principal
ratify :: v. to confirm and adopt the act of another even th ... ligation. See also: agent principal
rational basis :: n. a test of constitutionality of a statute, askin ... imate and constitutional objective.
ready, willing and able :: adj. fully prepared to act, as in performing a con ... o act, as in performing a contract.
real estate :: n. land, improvements and buildings thereon, inclu ... the future. See also: real property
real estate investment trust :: n. nicknamed REIT, a real estate investment organi ... its upon sale-if there is a profit.
real party in interest :: n. the person or entity who will benefit from a la ... st is the beneficiary of the trust.
real property :: n. 1) all land, structures, firmly attached and in ... onal property real estate reversion
realty :: n. a short form of "real estate." See also: real e ... real estate." See also: real estate
reasonable :: adj., adv. in law, just, rational, appropriate, or ... ost of other actions or activities.
reasonable care :: n. the degree of caution and concern for the safet ... . See also: duty of care negligence
reasonable doubt :: n. not being sure of a criminal defendant's guilt ... also: preponderance of the evidence
reasonable reliance :: n. particularly in contracts, what a prudent perso ... the following:." See also: contract
reasonable speed :: n. the speed of an automobile determined to be low ... e speed limit. See also: negligence