Article
Court of Appeal restricts suits involving tortious interference with inheritance
Daily Journal
by Jacob V. Phillips
Private Client Services Associate Jacob Phillips authored an article for Daily Journal discussing the tort of intentional interference by one person in the expected inheritance of another and its development in the courts.
Excerpt:
In the last decades, courts have recognized as tortious conduct the intentional interference by one person in the expected inheritance of another. The tort was first articulated in the Restatement (Second) of Torts in 1979 at section 774B as follows: One who by fraud, duress or other tortious means intentionally prevents another from receiving from a third person an inheritance or gift that he would otherwise have received is subject to liability to the other for loss of the inheritance or gift.