What is it?
Tortious interference with inheritance rights is a tort where someone does something that has the effect of denying you an inheritance or gift that you should have received. It is a tort just as if someone runs a stop sign and injures you. Both of these actions are torts and you may be able to hold that other person liable for your damages.
It applies when a testator has been induced by tortious means to make his first will or not to make it; and it applies also when he has been induced to change or remake it. It applies when a will is forged, altered or suppressed. It is well settled in Texas that “[a]ny intentional invasion of, or interference with, property, property rights, personal rights or personal liberties causing injury without just cause or excuse is an actionable tort.” 725sw2d750.
Contesting a Will
In many will contest, if the evidence supports it, a claim of tortious interference with inheritance rights is filed by one party against the other party. If an allegation of tortious interference with inheritance rights is found by the judge or jury to be true, then the person making the allegation will not only be entitled to the inheritance or gift that has been taken away but he may also recover his pecuniary loses, his consequential losses and he may also recover for his emotional distress. Instead of just getting back what he lost, he may get damages above and beyond the value of the inheritance.
A claim for tortious interference with inheritance rights is not necessarily a probate proceeding nor a matter related to a probate proceeding under the Estates Code. It doesn’t have to be brought in the probate court having jurisdiction over the probate matter. 14-14-00126-CV.
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By Robert Ray a Board Certified attorney. The foregoing information is general in nature and does not apply to every fact situation. We handle litigation involving inheritance disputes. We don’t prepare wills. We don’t file wills for probate or distribute estates except when we are contesting a will or protecting a will from a contest. We handle a select few cases on contingency. Don’t use a comment to ask a personal question about an inheritance issue because your name and comment will be public. To ask a litigation question and to protect your privacy, click the red button to the right.