The claim requires an expectancy, intentional interference through independently tortious conduct such as fraud or undue influence, causation, and damages. Many states require that probate remedies be inadequate first.
Several states reject the tort entirely.
Alternative Names:
Interference with Expectancy|Intentional Interference with Inheritance
Why it Matters?
The adequacy requirement channels most claims back to probate, since a plaintiff who could have contested the will must do so and cannot elect the tort to obtain punitive damages or a jury trial, which is the principal motivation for pleading it. Where the interference concerned non-probate transfers or was discovered after the contest period expired, the tort remains available. Several states have rejected it outright.
Frequently Confused with
Related terms
Frequently asked questions
Why do most claims return to probate?
When does the tort remain available?
