Where traditional will contest remedies would fail to provide complete relief to litigants, an increasing number of state courts (Florida) throughout the United States have recognized claims for tortious interference with aninheritance or an expectancy.
- The probate system (Broward) was created to protect a decedent’s will and wishes by imposing very strict requirements on a will contest.
- Recognition of the tortious interference of inheritances (Florida) helps to enable Plaintiffs andBeneficiaries to uphold a decedent’s true intent by bypassing these stringent probate requirements.
- A California court has stated in a recent opinion:
“If we were to permit, much less encourage, dual litigation tracks for disgruntled heirs, we would risk destabilizing the law of probate and creating uncertainty and inconsistency in its place. We would risk undermining the legislative intent inherent in creating the Probate Code as the preferable, if not exclusive, remedy for disputes over testamentary documents. (Citations omitted.) These are very valid concerns that warrant this court’s attention.” Beckwith v. Dahl, 205 Cal.App.4th 1039 (2012).
- Tortious Interference with an Inheritance or Expectancy was first recognized in Florida in 1966. See Allen v. Leybourne, 190 So.2d 825 (Fla. 3d DCA 1966).
- The tort of interference with an inheritance (West Palm Beach) authorizes the injuredbeneficiary to bring a claim to recover damages.
- The tort is recognized to advance a public policy for the protection of the decendent’s interest in freely gifting his or her property.
Find out more on Tortious Interference with an Inheritance in Florida. See http://www.pankauskilawfirm.com/ for videos and information onEstate Planning and Estate Administration in Florida.