What is Tortious Interference with a Testamentary Expectancy?
A common action in Florida estate and trust litigation is Tortious Interference with a Testamentary Expectancy. Now what that means in layman’s terms is that 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.
However, some other person was able to convince in some form or fashion the testator, the now decedent, to change his or her will or trust so that you now get nothing. You, meaning the beneficiary.
There are various situations where this can occur. They often times overlap with Undue Influence. They overlap with Lack of Capacity. But it is a stand alone cause of action and one that is typically raised in this type of litigation.