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Tortious Interference

Tortious interference with a testamentary expectancy is a tort or a wrongful act that causes harm to another person. In this case, economic harm and deception which allows for compensatory and punitive damages.

Tortious interference with a testamentary expectancy is a common action in Florida estate and probate litigation. In layman’s terms this means you expected to receive an inheritance from the trust or estate from your mother or father, brother or sister, aunt or uncle and whoever it may be.

Tortious interference with a testamentary expectancy means that there is questionable, or detrimental interference with a will.

This is a tort that protects a testator’s intent vs. protecting a beneficiary whose interest was reduced or eliminated.

To prove tortious interference:

  1. There must be proof that a decedent had the intention to leave a portion of his or her estate to a beneficiary.
  2. There must be a strong probability that the decedent would have carried out his or her intention but due to wrongful acts of a person with intentional interference the will was changed.

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Duress
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