Tuesday, October 7, 2008
Irene D. Johnson (Professor of Law, Pace University School of Law) has recently authored an article entitled Tortious Interference with Expectancy of Inheritance or Gift--Suggestions for Resort to the Tort, 39 U. Toledo L. Rev. 769 (2008).
Here is an excerpt from the article's conclusion:
It is clear that circumstances exist in which tortious interference with expectancy of inheritance or gift would be the only method for remedying such wrongful interference. In the case of the deprivation of an inter vivos gift, as in Marshall, probate would have little to do with the issue. The same holds true for situations in which the interference is with non-probate at-death benefits. If A expects a benefit under a revocable inter vivos trust and B tortiously induces the settlor to revoke the trust, A's remedy would be in tort. Moreover, in cases involving inter vivos depletion of a testator's probate estate through a tortfeasor's conduct, and the depletion deprives a beneficiary or heir of an expected inheritance, the remedy again would be in tort. The tortious conduct has not interfered with anything in which the probate court would have an interest (will or intestacy), but only with the amount available in the probate estate.