Executive summary
- Tortious interference with inheritance rights occurs when an individual maliciously affects a pre-made arrangement causing harm to another’s access to an inheritance..
- The claim of tortious interference is intended as a safety net for individuals who have no other adequate remedy in probate.
- An act must meet certain criteria to be considered tortious interference, including that there must have been a reasonable expectation for receiving an inheritance, that a third party must have knowingly interfered with the inheritance, and that they committed a wrongful act.
- While victims in California can pursue legal action for tortious interference, Texas law does not recognize this claim, although other legal remedies may be available.
Glossary
Tortious interference – A wrongful or malicious act that interferes with a contractual relationship and results in financial damages to a party expecting to benefit from the contract, often related to business transactions.
Tortious interference with inheritance rights – A wrongful act specifically relating to an inheritance that results in financial damages to an individual or an estate expecting to receive assets from an inheritance according to a will, trust, or other estate planning documents.
Expectancy – An amount of an inheritance or assets that a beneficiary expects to receive from another party. This can include assets from a will, a trust, or non-probate transfers like a life insurance policy.
Decedent – A person who has died, and often who has left assets to be distributed to their heirs.
Introduction
Tortious interference with inheritance occurs when someone maliciously prevents an individual from receiving an inheritance or gift through acts such as fraud, coercion, or undue influence. This cause of action allows a plaintiff to sue a defendant who intentionally prevented them from accessing or receiving the assets that were rightfully theirs or intended by the decedent to be theirs.
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.
In cases of undue influence or fraud, available probate laws typically cover around 90% of probate litigants, but tortious interference is an option for those who are not protected by the probate code.
Still, an individual may only file for tortious interference under certain circumstances. Understanding your rights and options regarding tortious interference claims will allow you to receive the maximum benefit possible and help you secure your access to the assets that are rightfully yours. Similarly, tortious Interference with Inheritance Rights is a type of lawsuit that is only allowed in certain states.
Some states, like California, offer a legal avenue for pursuing restitution for tortious interference. Meanwhile, in other states, like Texas, tortious interference is not an option, but there are still protections in instances where an individual did have an inheritance that was interfered with.
The following hypothetical case scenario may help illustrate the complexities that could arise in a real-world case. This example may highlight potential challenges as well as possible legal mechanisms and outcomes.
James was a businessman newly married to Marie. James created his will in between marriages, so, in his estate plan, he identified his daughter Rebecca as a beneficiary to receive a portion of his estate in his will as well as the primary beneficiary to his life insurance policy. He also included a no-contest clause in his well to protect his daughter.
After marrying Marie, though, James wanted to include her as a beneficiary to a portion of his estate as well. In communications between James and his wife, he expressed his intent to add her to the document, so Marie fully expected to receive a portion of the estate.
However, when lawyers arrived at James’s home, Rebecca, who was serving as James’s caretaker in the later part of his life, lied to his lawyers who arrived to help him update the document. She told them James had changed his mind and turned them away at the door. Ultimately, James passed before updating the will, and his wife Marie was never included.
What elements are required to prove tortious interference?
Tortious interference is a malicious action that affects an individual’s access to inheritance rights or other assets. However, cases of tortious interference are not always straightforward, and a scenario must meet specific criteria to be considered a tortious interference case against an heir.
This cause of action allows a plaintiff to sue a defendant who intentionally prevented them from receiving an inheritance or gift through fraud or coercion or undue influence.
To succeed in a tortious interference with inheritance rights claim, the wronged party must prove all of the following elements:
- The plaintiff had a reasonable expectation of receiving an inheritance or gift
- The defendant committed an intentional and independent legal wrong
- The defendant’s purpose was to interfere with the plaintiff’s expectancy
- The defendant’s conduct caused the expectancy to fail
- The plaintiff suffered injury as a result.
To sum this up, the individual must have expected to receive assets either through a contract or a legal document, such as a will, trust document, life insurance policy contract, or other estate planning documents. To prove that a person maliciously committed an act of tortious interference, you must show that they knew of the expected inheritance, knowingly interfered with the expectancy, conducted an action that prevented it, and caused harm to the heir.
Marie was not aware that she was never included in the will, assuming that the process with the lawyers went smoothly. Upon James’s death, Marie found that she had been shockingly excluded from the will and the life insurance policy, with the benefits from both now going to Marie. Rebecca suspected that Marie interfered by influencing James to change his will to benefit her alone.
Marie knew she had been wronged but was unsure of the appropriate legal action. In consulting with her lawyer, she found that she did have grounds for a case against Rebecca for committing tortious interference. Her grounds for a lawsuit included the following criteria:
- Marie had explicit documents that justified her expectancy to receive an inheritance, Rebecca knew of this arrangement
- Rebecca unduly influenced James to change his will, an act that is wrong in itself
- Her actions led to financial damages against Marie
- The actions were directed against the decedent by interfering with his wishes
If you have experienced an act of tortious interference, you should consult a probate estate litigation attorney as soon as possible. An attorney can help you gather evidence and represent you in court to pursue appropriate restitution and a return of the assets you were rightfully owed.
Texas and California case law
Although tortious interference with expected inheritance can be a helpful legal avenue for pursuing restitution, it is not available in every state. For example, California and Texas each have different approaches to cases of interference with inheritances.
Case law in Texas: Archer v. Anderson (2018)
In Texas, tortious interference is not a specific legal avenue that litigants can pursue for receiving damages for actions that interfere with the probate process. However, the state does still offer protections for heirs who have had their inheritance interfered with.
In the 2018 case of Archer v. Anderson, the Texas Supreme Court ruled that Texas law does not recognize a cause of action for tortious interference with inheritance rights. The court reached this conclusion because it believed the existing probate law and equitable claim for unjust enrichment already provided adequate remedies for this type of wrong. It also argued that recognizing this cause of action would conflict with state probate law.
If an individual in Texas experiences an interference with their inheritance, they can pursue legal remedies through existing probate laws. Some examples of legal avenues an individual can take include suing a trustee for breach of fiduciary duty, suing another beneficiary for acts like undue influence, or contesting the validity of a will.
Case law in California
Pursuing damages through a tortious interference claim is a relatively new option available to litigants in probate cases. In 2012, California recognized Intentional Interference with Expected Inheritance (IIEI) in the case of Beckwith v. Dahl.
In this case, the court clarified that a plaintiff can pursue a claim of tortious interference with inheritance if they can establish several key elements. First, the plaintiff must demonstrate that they had a legitimate expectancy of receiving an inheritance. Second, they must show that the defendant was aware of this expectancy and knowingly took deliberate actions to interfere with it. The plaintiff must also prove that the defendant’s conduct was independently wrongful, meaning that the wrongful act was not merely the interference itself but involved actions such as undue influence, fraud, or breach of fiduciary duty. Lastly, the plaintiff must provide evidence that the defendant’s wrongful interference directly caused the loss of the expected inheritance.
Then, in 2020, the case Gomez v. Smith concluded that the plaintiff has the right to receive access to their rightful inheritance if the creator of a will intends to leave assets to an individual and the defendant interferes. The parties in the case included Frank and Louise Gomez who got married after 60 years. However, Frank’s children, Tim and Tammy, did not support the marriage.
After falling ill, Frank intended to include Louise in his living trust and provide a life estate for her. However, when an estate planner arrived to help, Tammy and Tim interfered with the process by preventing them from entering the home.
This case met all of the criteria listed above to be considered as a case of tortious interference, including an expectancy of an inheritance, a knowledge of Frank’s desire to leave Louise an inheritance, an intent to interfere with the estate planning process, and a wrongful action. Louise sued Tammy and Tim for intentional interference with her inheritance.
Louise won the case and received damages for her lost inheritance. This case was the first that resulted in the plaintiff receiving damages in the amount equal to the lost inheritance.
What are your options when you suspect an elder person is being coerced to change their will or trust?
If you suspect an elderly person is being coerced to change their will or trust, there are steps you can take to protect the victim. It’s important to act quickly so that you can protect both the victim and their assets in the estate.
You should take the following steps:
- First and foremost, you should contact your local Adult Protective Services agency if you believe an elder is being abused or financially exploited.
- Additionally, if the victim worked with an estate planning attorney to create their will or trust, you should inform that attorney of your suspicions. This will put the lawyer on alert for suspicious behavior, particularly if the elder is being pressured to modify their estate planning documents.
- As you discuss with both Adult Protective Services and your attorney, you should take any steps to gather evidence and document instances of abuse.
- Discuss your legal options with a probate litigation attorney to determine if you should seek restitution and a recovery of your inheritance through the probate court or through a case of tortious interference.
Because you cannot pursue legal action for influenced wills until after death, you should consult with your lawyer about your best possible path forward. You can file a case with the court to pursue litigation against the individual responsible for your losses.
Fortunately, you and the elder person can also take preventative measures to prevent them from being coerced to change their will or trust. Some measures include appointing a responsible power of attorney for an elder, maintaining consistent medical checkups to ensure their mental capacity to make decisions, and ensuring that their estate plans are frequently updated and in line with their intentions.
Can you dispute the will or beneficiary designation before death?
No, you cannot dispute a will or beneficiary designation or bring a cause of action for tortious interference before an individual passes away. This is primarily because a will does not go into effect until after the testator’s death, and the testator can change it anytime while they are still alive. Similarly, a beneficiary designation can be changed or the account or property at issue sold or given away.
However, if you suspect that a loved one is being coerced to change their will or other estate planning documents, you should also contact a probate litigation attorney as soon as possible to discuss this situation. A probate litigation lawyer can help you preserve evidence and documentation of the undue influence or coercion that will allow you to contest a changed will or trust or beneficiary designation or power of attorney after death, if necessary.
Further, a guardianship litigation lawyer can evaluate whether a guardianship proceeding should be filed if the person being subject to undue influence or coercion is incapacitated and needs a guardian to protect their estate or person.
If you need support from an attorney in understanding your options, you can consult our team at RMO to discuss when tortious interference rights may apply.
Can you get punitive damages for tortious interference?
Punitive damages are a type of compensation that plaintiffs can receive in a lawsuit. This compensation is awarded on top of the plaintiff’s actual damages and is meant to punish the defendant for particularly harmful or corrupt behavior. In states that recognize a cause of action for tortious interference with inheritance rights, punitive damages may be available under state law in extreme cases.
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.
As a state that recognizes tortious interference, California can allow for punitive damages for tortious interference depending on the case. In a tortious interference case, you can receive damages in the amount of the inheritance that was interfered with. However, you can also receive punitive damages if you can prove that the interfering party acted with malicious intention, fraud, and oppression, and knowingly acted to cause harm to the plaintiff.
Even though Texas does not recognize this tort, conduct that could sustain a claim for tortious interference with inheritance rights in other states often can be pursued through other causes of action that the state does allow. For instance, the plaintiffs in Archer v. Anderson were able to sue the defendant for breach of fiduciary duty, intentional infliction of emotional distress, and legal malpractice. The Texas Supreme Court also discussed the option to bring a claim for unjust enrichment.
Texas law allows punitive damages to be awarded when the defendant engaged in fraud, malice, or gross negligence or when a fiduciary commits an intentional or willful and unconscionable breach. So, in some situations, punitive damages could be available in this type of lawsuit.
In our case scenario from above, Marie was able to pursue punitive damages for her case due to Rebecca’s intentional and fraudulent actions to harm her inheritance rights. These damages were appropriate because Rebecca had intentionally acted to harm Marie’s right to an inheritance, misrepresenting her father’s wishes and taking fraudulent action to prevent the will from being updated. The damages Marie pursued included damages for emotional distress and malicious acts.
Tortious interference with expectancy: Key considerations
Tortious interference with expectancy cases can arise in wills, trusts, and even non-probate transfers, such as life insurance policies or payable-on-death bank accounts. Any case where a beneficiary expects to receive a benefit that is ultimately interfered with may fall under tortious interference.
If you are considering using tortious interference as a legal avenue, you should consider the following factors:
- Timelines – Tortious interference cases can only be carried out after a will or trust’s creator has passed, so you should be sure to compile as much evidence for your case as possible if you suspect misconduct or malicious interference so you can bring the case forward when you have the option.
- State law – Tortious interference is not an available legal route in all states, so you may be required to seek a remedy through the probate court instead of in a trial.
- Tortious interference vs. probate court – Tortious interference is an action in civil court that provides a right to a jury trial, unlike probate court, which has different legal requirements and potential outcomes.
- The gatekeeper element – Under the Beckwith case, tortious interference cases in California require that a claimant must have an inadequate probate remedy—this means that if a plaintiff can bring forward their claim in probate court and receive adequate remedy, they cannot bring forward a claim of tortious interference.
- Having a probate litigation attorney – A probate litigation attorney will have the best understanding of the laws in your state so they will be able to help you determine your best options and whether you may pursue a better remedy through a tortious interference case.
In our case scenario, Marie consulted her attorney to ensure whether she would have grounds for a tortious interference case as opposed to pursuing a remedy through the probate court. Considering the gatekeeper element, Marie and her attorney discussed that she would not receive an adequate remedy in probate court, which would not provide her the opportunity to contest the will under the no-contest clause, so pursuing a tortious interference case was her best option.
Find support for your inheritance case with RMO Lawyers
Tortious interference with inheritance rights is an act where a third party prevents an individual from receiving their rightful inheritance due to acts of undue influence or fraud against the creator of an estate planning document. However, seeking remedies for tortious interference is only available under certain circumstances, including if other probate remedies are inadequate. For support in understanding if tortious interference is an option for your case, you should reach out to a skilled and experienced attorney.
Our probate estate litigation attorneys at RMO are well-versed in supporting beneficiaries in obtaining access to their inheritance and protecting creators of wills and trusts alike. With decades of experience in probate law, we have worked in cases of elder abuse, undue influence, tortious interference, and more. We’ll help you devise a compelling legal strategy to uphold the interests of a will or trust creator and secure access to your inheritance rights.
Schedule a consultation with our team here at RMO to discuss your case and receive support navigating the legal system.
