Tortious Interference with Expectancy of Inheritance in Florida

Florida is one of the leading states in recognizing tortious interference with an expectancy of inheritance as an independent cause of action. This claim provides a powerful remedy for individuals who have been wrongfully deprived of an inheritance through another person's fraudulent, coercive, or otherwise tortious conduct. At the Law Offices of Albert Goodwin, PA, we represent clients pursuing and defending these claims throughout South Florida, drawing on deep experience in estate litigation and estate fraud matters.

Florida's Recognition of the Cause of Action

Florida courts have recognized tortious interference with an expectancy of inheritance since the landmark decision in DeWitt v. Duce, 408 So. 2d 216 (Fla. 1981). In that case, the Florida Supreme Court held that a beneficiary who is deprived of an inheritance through the tortious conduct of a third party may bring a civil action for damages. The court further developed the doctrine in Whalen v. Prosser, 719 So. 2d 2 (Fla. 2d DCA 1998), which provided a detailed framework for the elements of the claim and its relationship to probate proceedings.

These decisions established Florida as one of the most favorable jurisdictions in the country for this type of claim. Unlike many states that limit inheritance disputes to the probate court, Florida allows aggrieved heirs to pursue an independent civil action that can provide remedies unavailable in probate.

Elements of Tortious Interference with Expectancy of Inheritance

To prevail on a claim for tortious interference with an expectancy of inheritance in Florida, the plaintiff must establish four elements:

1. Existence of an Expectancy

The plaintiff must demonstrate that they had a reasonable expectation of receiving an inheritance or gift. This can be established through a prior will, trust, or other evidence showing the decedent's intent to benefit the plaintiff. The expectancy does not need to be a legally enforceable right — it is the reasonable expectation of receiving a bequest or devise that the law protects.

2. Intentional Interference Through Tortious Conduct

The defendant must have intentionally interfered with the plaintiff's expectancy through conduct that is independently tortious or wrongful. The types of tortious conduct that support this claim include:

• Fraud — deceiving the decedent about the plaintiff's character, intentions, or actions to cause the decedent to change their estate plan
• Duress — coercing or threatening the decedent into altering their testamentary documents
• Undue influence — exploiting a position of trust and confidence to overcome the decedent's free will
• Forgery — fabricating or altering wills, trusts, beneficiary designations, or other documents
• Tortious conduct directed at the plaintiff — such as preventing the plaintiff from having contact with the decedent or intercepting communications

3. Causation

The plaintiff must prove that the defendant's tortious conduct caused the loss of the expected inheritance. In other words, but for the defendant's wrongful actions, the plaintiff would have received the inheritance. This often requires evidence of what the decedent's estate plan would have looked like absent the interference.

4. Damages

The plaintiff must show that they suffered actual damages — the value of the inheritance they would have received but for the defendant's interference. Damages are typically measured by the difference between what the plaintiff actually received and what they would have received absent the tortious conduct.

Unique Features of This Cause of Action

Independent Civil Action

One of the most significant features of tortious interference with an expectancy of inheritance is that it exists as an independent cause of action in civil court. It is not a probate claim. This means it can be pursued in circuit court with all the procedural tools available in civil litigation, including broad discovery, jury trials, and the full range of civil remedies.

Available When Probate Remedies Are Inadequate

Florida courts have held that this cause of action is available when the plaintiff cannot obtain adequate relief through the probate process. This includes situations where the statute of limitations on a will contest or trust contest has expired, where the wrongful conduct occurred outside the scope of the probate proceedings, or where the assets were diverted through non-probate transfers such as joint accounts, beneficiary designations, or inter vivos gifts that are not subject to probate court jurisdiction.

Punitive Damages

Unlike probate proceedings, which generally limit recovery to the value of the estate assets, a tortious interference claim may support an award of punitive damages under Florida Statutes Section 768.72. Punitive damages are available when the defendant's conduct is shown to be intentional, malicious, or grossly negligent. This can significantly increase the potential recovery and serves as a powerful deterrent against predatory conduct targeting vulnerable individuals and their estates.

Statute of Limitations

The statute of limitations for tortious interference with an expectancy of inheritance in Florida is generally four years, consistent with other intentional tort claims. The limitations period typically begins to run when the plaintiff knew or should have known of the interference — which is often at the time the will is admitted to probate or the trust administration begins. However, the discovery rule may delay the accrual date when the tortious conduct was concealed. Timely consultation with an attorney is critical to preserve your right to bring this claim.

Relationship to Other Estate Claims

Tortious interference with expectancy of inheritance often overlaps with other estate-related claims. A plaintiff may simultaneously pursue a will contest in probate court and a tortious interference claim in civil court, or may turn to the civil claim when probate remedies are unavailable or insufficient. Related claims may include actions for estate fraud, undue influence, breach of fiduciary duty, and recovery of estate assets that were wrongfully diverted.

The interplay between these claims requires careful legal strategy. An experienced attorney can evaluate which claims provide the strongest path to recovery and coordinate proceedings across multiple courts when necessary.

Contact a Florida Tortious Interference Attorney

If you believe you have been wrongfully deprived of an inheritance through fraud, undue influence, duress, or other tortious conduct, the Law Offices of Albert Goodwin, PA can evaluate your case and advise you on your legal options. We have extensive experience litigating tortious interference with expectancy of inheritance claims in Florida courts.

Contact us today at 786-522-1411 or by email at [email protected] to schedule a consultation. Our office is located at 121 Alhambra Plz #1000, Coral Gables, FL 33134.