concurring in the result.
[¶ 20] I concur in the affirmance of the district court’s order reforming the irrevocable trust to a revocable trust. In this case, Timothy Betz did not by formal pleading or by informal letter object to the motion of Carolyn Twite and Duane Hirsch to reform the trust. The district court provided Timothy Betz with the opportunity to object and to appear in opposition, but the record indicates he did not do so.
[¶ 21] We have said “[although a party who fails to respond or make an appearance assumes a substantial risk that the trial court will act favorably on the motion, the moving party has the burden of demonstrating to the trial court’s satisfaction that he is entitled to the relief requested.” Follman v. Upper Valley Special Educ. Unit, 2000 ND 72, ¶ 15, 609 N.W.2d 90 (quoting City of Grand Forks v. Zejdlik, 551 N.W.2d 772, 774 (N.D.1996)); see Rule 3.2(c), N.D.R.Ct. (stating “[e]ven if an answer brief is not filed, the moving party must still demonstrate to the court that it is entitled to the relief requested.”). In this case, Emelia Hirsch provided an affidavit which supported the movants’, Carolyn Twite and Duane Hirsch, contention that Emelia Hirsch never intended to create an irrevocable trust and which the district court could rely on to find clear and convincing evidence of the intent and mistake of fact or law necessary to conclude the trust should be reformed. See N.D.C.C. § 59-12-15 (providing a court may reform the terms of a trust to conform to the settlor’s intention “if it is proved by clear and convincing evidence that both the settlor’s intent and the terms of the trust were affected by a mistake of fact or law, whether in expression or inducement.”).
[¶ 22] For this reason, I concur in the result of the Majority opinion.
[¶ 23] GERALD W. VANDE WALLE, C.J., concur.