Since 2012, California courts have recognized a cause of action for non-family members who lose an inheritance due to wrongful interference by someone else. When someone interferes with another person’s estate plan — whether by fraud, duress, or some other means — and intentionally prevents another person from receiving an inheritance, it may be grounds for court involvement. That cause of action is called Intentional Interference with an Expected Inheritance.
If, for example, you were going to receive a large gift from a friend and then that plan was either changed or stopped due to another person’s bad acts — such as lying about you or coercing/preventing the Decedent from naming you as a beneficiary — you may be entitled to receive what was previously intended for you.
Limitations on Use
This sounds like a promising, however, it can only be used in narrow circumstances. You cannot recover on this cause of action if you have an adequate remedy by some other means. An adequate probate remedy might be the right to sue in probate court to overturn a bad Trust amendment. Or you might have the ability to contest a Will. If so, you may be required to pursue that option first. As most family members have the right to challenge a Trust in probate court, they are often unsuccessful in bringing an intentional interference lawsuit.
How it Applies
Intentional interference then applies most often to non-relatives of the decedent. Friends, non-married couples — including same-sex couples that are not married or in a registered domestic partnership — who have no other way to bring their legal claims forward can be successful under this claim.
Winning a case of intentional interference is not easy. You must bring forth evidence that:
>> You had a reasonable expectancy that you would be receiving an inheritance.
>> Had that a person not interfered, the inheritance that you expected would have been received.
>> The person who committed the wrongful act knew about your expectancy inheritance and took deliberate action to interfere.
>> The wrongful act — fraud, duress, undue influence, or other conduct— involved must have caused you to be deprived of your inheritance.
>> The interference was wrong for a reason other than just the fact that he or she was interfering.
>> You suffered damages as a result of the interference.
Takeaway
Do You Have a case for intentional interference with an expected inheritance? Each case requires an in-depth evaluation of the facts and circumstances of your case. Contact CASHMAN LAW today for a free consultation to see how we might asses your options as a disinherited beneficiary, or a family member who has concerns a gift was improperly made.
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