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What counts as “tortious interference with an expectancy”?

On Behalf of | Jan 31, 2025 | Estate Administration, Probate

Tortious interference with an expectancy occurs when someone wrongfully prevents you from receiving an inheritance. This could involve a will, trust or other inheritance arrangements.

This kind of interference can take many forms. Undue influence is one of the most common types. This happens when someone pressures the person who made the will or trust to change it. Fraud is another form of interference, which might involve tricking someone into changing their will or even creating fake documents.

What constitutes tortious interference with an expectancy?

If you are filing a claim for tortious interference with an expectancy, you must prove four key elements:

  • A valid expectation of an inheritance: There must be more than just a hope of receiving the inheritance. For example, someone may have named you in an earlier version of their will, or they may have made clear promises about your inheritance. Simply being a family member does not create a valid expectancy.
  • Intentional interference using wrongful conduct: Someone must have deliberately acted to interfere with your inheritance through improper methods. These methods include using fraud, applying undue influence or creating false documents to change the deceased person’s wishes.
  • Causation: These wrongful actions must have directly caused you to lose your inheritance. This means showing that without this interference, you would have received your expected inheritance.
  • Actual damages: There must be specific financial losses from the interference. Courts want to see the exact value of the inheritance you lost because of the interference.

Take note that courts require clear evidence to prove each of these elements. Professional legal guidance may be necessary.

What are available remedies?

Courts can provide several types of legal relief in these cases. You may receive monetary damages to compensate for your lost inheritance, and courts can establish constructive trusts to protect your rightful inheritance.

They may also issue declaratory relief, which declares who should rightfully inherit, or injunctive relief, which stops further interference or requires specific actions. In some cases, courts can order rescission, which cancels documents created through interference.

Know your path forward

There are various legal options available, but you’ll want to choose the right approach. An attorney can review your situation and help you plan your next steps.

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