Tortious Interference With Testamentary Expectancy

When a loved one has died and left a will and other estate planning documents behind, we expect that those will accurately reflect his or her final wishes.

Because life is unpredictable, however, wills aren't always an accurate representation of what loved ones wanted. Often, people mean to update their wills to add beneficiaries or increase gifts but never get around to actually making the necessary changes. Or, a loved one sold assets that were previously designated for a relative but never changed his or her will to reflect that fact.

If you were cut out of a will — or given substantially less than you were expecting — and suspect that another party's unfair influence is to blame, you may be able to pursue legal relief. Our experienced estate litigation attorneys can help you determine if you have a legal claim for tortious interference with testamentary expectancy.

What Is Tortious Interference With Testamentary Expectancy?

The first step to address potential interference with a loved one's estate plan is to pursue a will contest in probate court. When a third party has engaged in fraud or undue influence, the injured party can seek monetary relief through the probate court.

A tortious interference with testamentary expectancy claim, however, is a direct legal action against the person accused of engaging in fraudulent or otherwise inappropriately influential behavior. In this type of litigation, the injured party is seeking monetary relief directly from the person responsible for his or her being cut out of a will.

A party must exhaust all legal claims through the probate court before pursuing direct legal action against someone in a claim for tortious interference. To discuss the circumstances surrounding your loved one's estate plan, contact our firm: Email us now or call 239-344-9430 (877-243-1624 toll free).