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.
Venue
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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This page is general information about Texas law. It is not legal advice about your situation, and reading it does not create an attorney–client relationship. These matters turn heavily on specific facts and specific dates, and the law has exceptions this page does not cover. You should not take, or refrain from taking, any action based on this page. Discuss your circumstances with an attorney who can advise you on them.