Death and Taxes Blog: "Besides an action to contest a Will, a frustrated beneficiary may attempt to proceed with a tort known as "intentional interference with an inheritance." In some cases, this may be the ONLY way in which the potential beneficiary can proceed.

In the Nemeth case (425 N.E.2d 1187), for instance, the decedent's stepdaughter (not an heir of the decedent) filed an intentional interference with an inheritance action against her step-sister because a successful Will contest would have done her no good."

In California, the tort requires (among other elements) an existence of an expectancy, and interference with that expectancy - whether intentional, negligent, or mistaken. The interference may be by duress, menace, fraud, or undue influence.

Filed under: Probate, Wills