What is Tortious Interference with a Testamentary Expectancy?
Tortious interference with a testamentary expectancy occurs when one person through duress, fraud, or another unjust (tortious) means, intends to prevent another person from receiving an inheritance from a third person. It is a tort or a wrongful act that causes economic harm to another person and it allows for compensatory and punitive damages.
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, whoever it may be. But another person was able to convince the testator — the decedent — to change his or her will or trust so that you — the beneficiary — get nothing.
Tortious Interference with a Testamentary Expectancy is a Florida estate litigation and trust litigation legal action. In a claim for tortious interference of an inheritance, the burden falls on the person bringing the claim. This law protects the rights of the person who signed the will, even though he or she has passed away.
There are various situations where tortious interference with a testamentary expectancy can overlap with Undue Influence, or with Lack of Capacity But tortious interference with a testamentary expectance is a stand-alone cause of Florida legal action.
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