Understanding Tortious Interference & How To Prove It

Executive Summary

• Tortious interference occurs when a third party intentionally acts to disrupt an individual’s expectancy of an inheritance, resulting in financial losses.
• Tortious interference with inheritance rights provides an option for restitution for individuals who would not receive an adequate remedy through probate. 
• To prove tortious interference, an individual must overcome the burden of proof to demonstrate the wrongdoing of a bad actor and their direct influence in preventing access to an inheritance.
• California law provides tortious interference claims as a potential option for seeking restitution, while Texas law does not. 

Introduction

Tortious interference is when a third party to a contract intentionally acts to harm the financial potential of the relationship. While it is usually associated with business contracts, wills and trusts can be subject to tortious interference in some states, like California.

An inheritance can be a significant financial event in your life. If someone improperly interfered to prevent you from receiving what you should have, you may have a claim for tortious interference. However, proving the claim can be difficult.

Typically, when you contest or dispute a will or trust in California, you bring an action in probate court as part of the administration of the decedent’s estate or trust. Once the probate court closes the case and ends the distribution of the decedent’s affairs, future challenges are barred.

But tortious interference claims can be brought separately from the probate administration of the estate or trust. If you only learn about being wronged and losing some of your inheritance after your loved one’s estate has been closed, you may still be able to commence a tortious interference case.

What is tortious interference with an expected inheritance?

Tortious interference with inheritance rights is an intentional action to interfere with an individual’s expected inheritance. To be considered tortious interference, a case must involve a reasonable expectation of receiving an inheritance, a malicious action, and a demonstrable loss of an individual’s rightful inheritance.

A large majority of tortious interference cases can be resolved through avenues available in the standard probate process, such as a will contest or dispute. Tortious interference is an option in some states for the small percentage of cases where these avenues will not provide an adequate remedy for the wronged individual. 

What is an example of tortious interference with an expectancy of inheritance?

If someone unduly pressures your loved one to update their will, trust, or other estate plans to lower your share or exclude you entirely from the inheritance, they may have tortiously interfered with your expectancy of inheritance. 

Imagine the following scenario:

You have three full siblings and one half-sibling from your father’s earlier marriage. Near the end of your father’s life, he updates his will to give your half-sibling half of his estate, leaving you and your three full siblings to split the rest.

After probate closes your father’s estate, you find out your half-sibling married your father’s caregiver. It seems your half-sibling threatened him with removing his care unless he updated the will to give him half of the entire estate.

You may have a claim for tortious interference with expectancy of inheritance in California or an alternative claim in Texas. 

What are the legal elements required to prove tortious interference in a will or trust dispute?

Based on established case law through Beckwith v. Dahl (2012), California law requires you to show four separate elements to prove that you were the victim of tortious interference in your inheritance:

• You had a reasonable expectation of receiving an inheritance or benefit from the decedent. 
• A third party intentionally interfered with your expected inheritance through bad faith conduct like undue pressure or fraud.
• The plaintiff must be able to prove that the actions of the defendant were wrong, independent of the interference, such as an act of undue influence or fraud. 
• The interference caused you to suffer financial loss (known as “damages”).

Proving the second element is generally the most challenging part of a tortious interference lawsuit. Just because a testator made a late change to their will or trust does not mean they were unduly influenced or defrauded. 

Undue influence claims in California often scrutinize whether the accused had a deep, long-term connection with the deceased. 

In the example we discussed above, the half-sibling is your father’s child, which means that their relationship is likely not questionable absent other circumstances.

Still, even a child can exert undue pressure on an elderly or sick parent. For example, if you can prove they threatened to remove needed care in exchange for the update to the will, you may have a higher likelihood of winning your case. Likely, this will require the use of circumstantial evidence but also may be demonstrated through text messages or emails.

Lastly, if you file a tortious interference claim, you will likely use litigation discovery to review your father’s earlier wills and estate planning documents. If these show the original plan was to divide the estate amongst your father’s five children evenly, you will have further evidence to support a claim for damages. Your loss would be the difference between a one-fifth and a one-eighth share of the estate.

Challenges in proving tortious interference with inheritance

Tortious interference provides a potential legal remedy for individuals who have lost access to their inheritance. However, tortious interference cases are not frequently explored—this is often due to the unique challenges in pursuing and proving a tortious interference claim. 

An individual must also demonstrate that the damages they are seeking through tortious interference are greater than those they might otherwise be able to seek through avenues available in probate. This is also known as the “gatekeeper element”. 

Once establishing your grounds for a tortious interference case, the key challenge in proving tortious interference with inheritance is that the burden of proof lies with the plaintiff. This means that the plaintiff must build an effective case that emphasizes the wrongdoing of the defendant. 

Examples of evidence you may be able to use in your favor include:

• Witness testimony
• Concrete evidence incriminating the defendant, like video or confession of acts of wrongdoing
• Communication from the defendant demonstrating their intent to interfere
• Circumstantial evidence, such as suspicious timing of changes to a will or unusual behavior by the alleged interferer

You should gather as much evidence as you possibly can to establish your case from all angles. A lawyer can support you in overcoming these challenges and building the strongest possible case. 

Legal process for bringing a tortious interference claim

The legal process for a tortious interference claim is similar to a standard civil case. Filing a claim requires gathering evidence to support the case and taking the alleged interferer to court.

This process includes the following steps: 

• Discovery – The discovery phase involves gathering evidence of the interference and may include questioning the alleged interferer, gathering witness testimony, and reviewing past communication between the two parties.
• Settlement Options – Before going to trial, both sides may be able to come to an agreement that results in the alleged interferer repaying the alleged victim for their losses. A settlement may be a more favorable option depending on the costs of litigation and the strength of evidence against the interferer.
• Trial – If both parties are unable to come to a settlement agreement, the case may go to trial, where both sides will need to present their case before a judge or jury. They will consider each argument and decide whether the alleged interference harmed the plaintiff’s inheritance. 

The process may look different for each case depending on the strength of one’s case and the available legal options in your jurisdiction. You should consult a probate litigation lawyer as soon as possible to gather a more complete picture of the potential legal process for your case. 

Can you get punitive damages for tortious interference?

Because tortious interference claims involving inheritance rights are treated differently than will contests or disputes, you may have the ability to receive punitive damages. Punitive damages can be added to the damages you actually incurred as a way to punish the wrongdoer and provide justice to the victim of the interference.

California may allow for the collection of punitive damages in tortious interference claims if the accused’s wrongdoing is so egregious that it warrants punishment. Merely achieving a successful verdict in a tortious interference claim is not enough to trigger punitive damages.

However, if you are awarded punitive damages, they are typically a multiplier of your actual damage award. For example, in the case scenario from above, the court may take the amount of your damages and double them as a punishment for your half-sibling.

Though the availability of punitive damages is a benefit of tortious interference claims, courts may be reluctant to unwind a settled estate. Therefore, you should not pursue a tortious interference claim without first consulting with an experienced probate litigation attorney. There may be a better course of action you can take to recover your inheritance. 

The Difference Between Tortious Interference and Will Contests

Although commonly considered the same thing, a tortious interference claim is a separate action from a will contest. These two legal avenues differ in the restitution they pursue. 

A tortious interference claim is relevant when a third party intentionally interferes with an individual’s access to an inheritance, providing the opportunity to seek restitution through civil court. Meanwhile, a will contest is relevant when there are discrepancies or ambiguities in a will, which can be the result of undue influence, fraud, or a lack of mental capacity.

A will contest and a tortious interference case may both cover an issue of undue influence or fraud, but tortious interference is an option when a will contest does not result in an individual receiving the same inheritance they otherwise would have had the third party not interfered. While the outcome of a will contest may correct a will and allow someone to receive their rightful share of an inheritance, tortious interference may also allow an individual to pursue restitution for their inheritance as well as punitive damages in some cases. 

At the core, the main difference between the two is that a will contest is focused on the validity and legality of the will while the focus of a tortious interference is focused on the conduct of the interfering party. 

To determine which method would be the most favorable option for you and your case, you should contact a probate litigation attorney as soon as possible. During an initial consultation, our attorneys at RMO will offer guidance and explore all possible legal avenues for your case. 

How Do You Prove Tortious Interference in Texas and California

State law surrounding tortious interference provides its own nuances to consider, as not all states recognize this tort as a legal avenue for seeking restitution in inheritance disputes. Both California and Texas have different established legal protections surrounding interference with inheritance cases. 

California

In California, proving tortious interference involves establishing the guilt of the accused party in interfering with one’s inheritance as well as demonstrating a financial loss. 

As outlined in Beckwith v. Dahl, a successful tortious interference claim must prove the following four elements: 

• The plaintiff must demonstrate that they had a legitimate reason to expect an inheritance.
• They must show that the defendant was aware of the expectancy of inheritance and took deliberate action to interfere with it.
• They must establish that the action taken to interfere with the inheritance was wrong in and of itself, such as an act of fraud or coercion
• They must show that the wrongful interference caused the plaintiff to suffer financial loss.

In addition to these criteria, the plaintiff must also prove the gatekeeper clause outlined in the Beckwith case, which states that a plaintiff must not have had an adequate remedy in probate court. In other words, a plaintiff cannot receive their financial losses through a contest in the probate court and then also take the case to civil court for additional compensation.

Texas

Tortious interference is not a legal avenue for victims of inheritance interference to pursue. However, state case law does still offer some avenues for heirs who have been the victim of inheritance interference. 

In the case of Archer v. Anderson (2018), the Texas Supreme Court ruled that existing probate law and the option of equitable claim for unjust enrichment already provided a remedy for the victim of the inheritance. The court made this determination believing that existing probate laws already provided an adequate resolution to the plaintiff’s concerns. 

If you are the victim of inheritance interference, you should seek the support of a probate litigation attorney to help you determine your legal options for restitution through existing probate laws. 

Costs and Timeline for Tortious Interference Claims: What To Expect

If you are considering pursuing a tortious interference claim, it’s important to weigh the time and money involved in the process against your chances of success. This will tell you whether it’s worth pursuing a tortious interference claim. 

The costs to consider include: 

• Attorney fees – You will need to consider the cost of acquiring a lawyer, including retainer fees and hourly rates for gathering evidence and building a case.
• Filing fees – Civil case filing fees differ depending on the jurisdiction but can range from around $100 to over $400. 
• Time – A tortious interference case can take months to years to resolve, which can interrupt an individual’s ability to access their inheritance.

It’s important to consider your potential outcomes in your case and whether the expenses are worth the possible rewards. Consulting a probate litigation attorney is the best way to receive insight regarding your potential outcomes and possible legal avenues. 

Protect Your Inheritance: Speak with a Probate Litigation Attorney

Proving tortious interference requires several steps, as case law states that you must prove four variables in order to justify a claim of tortious interference. If you are the victim of a case of inheritance interference, a probate litigation attorney can act as a valuable resource in helping you understand your options for leveraging tortious interference and building an effective case. 

Our attorneys at RMO are here to support you in your case, providing compassion and guidance as you navigate the legal system. With decades of experience in litigating in California and Texas, we’ll help you build a winning strategy to secure your rightful inheritance and pursue all potential options for seeking damages you may be owed.

Schedule a consultation with our attorneys at RMO to determine if you have a case and what steps you can take.