Tortious Interference with an Expectancy
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Tortious interference is a fairly new theory of tort liability that was first recognized in Florida in 1966. Allen v. Leybourne. Tortious interference with an expectancy is a "tort" or a wrongful act that causes harm to another person, in this case, economic harm, and allows for compensatory and punitive damages.
The idea behind the tort is that it protects a testator's intent rather than protecting the beneficiary whose interest was reduced or eliminated. In the case of Whalen v. Prosser, the Second District Court of Appeals in Florida held that:
"The fraud, duress, undue influence, or other independent tortious conduct required for this tort is directed at the testator. The beneficiary is not directly defrauded or unduly influenced; the testator is. Thus, the common law court has created this cause of action not primarily to protect the beneficiary's inchoate rights, but to protect the deceased testator's former right to dispose of property freely and without improper interference. In a sense, the beneficiary's action is derivative of the testator's rights."
Establishing a Claim for the Tort of Intentional Interference with Expectancy
Plaintiffs must prove the following elements to establish a claim for the tort of intentional interference with expectancy:
- The decedent had a fixed intention to leave a portion of their estate to the plaintiff
- A strong probability existed that the decedent would have carried out their intention but for the wrongful acts of the defendant, whose interference must have been intentional
This is an action at law directly against the alleged tortfeasor. A judgment for money damages can be entered against the defendant personally, which can be executed against personal assets. Damages can include compensatory and punitive, as well as the imposition of a constructive trust upon fraudulent gifts.
When Is a Claim for the Tort of Intentional Interference with Expectancy Available?
This tort is available only if there is no adequate, alternative remedy in probate court. Normal tort remedies for interference with an expectancy are money damages. Generally, the tort is only allowed in circumstances in which no adequate, alternative remedy exists. Since these matters tend to involve wills, the courts have taken the position that unless the plaintiff has exhausted their remedies in probate or has no adequate, alternative remedies in probate, they cannot bring an intentional interference case. In DeWitt v Duce, the Florida Supreme Court held that "if adequate relief is available in a probate proceeding, then that remedy must be exhausted before a tortious interference claim may be pursued."
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