Wrongful Interference with Testamentary Expectancy

What is it?

Wrongful or Tortious Interference with a Testamentary Expectancy arises in situations where someone tortiously interferes with the estate planning of another.  Florida first recognized it as a viable legal theory in 1966 that authorizes the injured beneficiary to file to what amounts to a derivative lawsuit for the recovery of damages.  The public policy favoring the tort is there to protect the testator in disposing of his property by gift or devise freely, as opposed to protecting the beneficiary’s expectancy. The claim becomes ripe once the testator dies.

What must a plaintiff show?

To prove a claim of intentional interference with an expectancy of inheritance, a plaintiff must demonstrate that:

1.  Plaintiff had an expectancy to be a beneficiary of and receive property from a testator’s estate;

2.  Defendant intentionally interfered with the expectancy through tortious conduct, including duress, fraud or undue influence;

3.  Defendant’s actions caused Plaintiff to suffer damage; and         

4.  Plaintiff suffered damage.

What is an Expectancy?

An indispensable element of any claim for tortious interference with the expectancy of receiving a gift or inheritance is a demonstrating that the plaintiff has a legally protected interest called an “expectancy.” This expectancy element of a tortious interference claim is nothing more than an objective likelihood that a gift, bequest, or inheritance will occur.

What Conduct Constitutes Tortious Interference?

Interference may come in many forms such fraud (i.e. making false statements), duress, fraudulent concealment, undue influence, coercion, conversion, abuse of a fiduciary relationship or constructive fraud (i.e. breach of fiduciary duty of loyalty or conflict of interest), suppression, forgery or alteration of an estate planning or other document.  The interference must be the reason or causation that prevents the beneficiary receiving his or her inheritance.

A Word About Damages

Typical tort remedies for interference with an expectancy consist of money damages and restitution. The fact and amount of damages must be proven within a reasonable degree of certainty.  In other words, damages cannot be based on speculation, conjecture, or guesswork but at the same time they do not need to be shown with exactitude.

Have More Questions?

Probate litigation requires a skilled and seasoned lawyer to identify and address various claims, issues and facts which can be critical to the outcome of a particular claim or defense.  Contact Ocala and Central Florida probate attorney Andrew J. Pascale to discuss how his experience can help assist you and your case.  This blog does not constitute legal advice and is for illustrative purposes only.