Short answer. Yes. Article 1368 of the Civil Code allows reformation to be sought not only by the original parties but also by their successors in interest. If the mistake was mutual, either party or their successors may ask. If only one party was injured, that injured party — or their heirs and assigns — may file the petition.
What the law says
Reformation may be ordered at the instance of either party or his successors in interest, if the mistake was mutual; otherwise, upon petition of the injured party, or his heirs and assigns.
Civil Code, Article 1368 — Who May Seek Reformation. Read the full provision →
Why reformation matters
Reformation is a remedy that corrects a written contract when the document does not accurately reflect what the parties actually agreed. This happens most often when a scrivener makes an error, when one party was mistaken while the other committed fraud, or when both sides shared the same mistaken understanding. The court does not rewrite the parties' deal — it corrects the instrument to match their real intention. A valid underlying agreement must exist; reformation cannot be used to create new terms.
Who may file when the mistake was mutual
If both parties shared the same erroneous belief — neither intended the wording as written — Article 1368 gives either party, or their successors in interest, the right to seek reformation. Successors in interest are those who step into a party's legal shoes: heirs who inherit the rights and obligations of a deceased party, and assignees who acquire those rights by transfer. Either side — or their successors — can start the action.
Who may file when only one party was injured
When the mistake was one-sided — or when one party was deceived or otherwise misled — only the injured party and their heirs and assigns may petition for reformation. The party who caused the problem cannot invoke reformation to benefit from their own wrong. If you inherited property subject to a contract that was wrongly drafted to your ancestor's disadvantage, you stand in the injured party's place and may pursue the remedy.
Practical considerations for heirs and assignees
Before filing, confirm that you can actually demonstrate what the true agreement was — through other documents, correspondence, testimony, or surrounding circumstances. Courts require clear and convincing evidence that the written contract does not reflect the real intent. Also check timing: reformation actions are subject to a prescriptive period and must be filed within the period allowed under the Civil Code. If the contract you inherited was signed years ago, consult a lawyer promptly to assess whether the action is still within time.