Probate,
Family
Apr. 9, 2021
Proving testamentary capacity in suits involving tortious interference with inheritance
Only in the last decade have California courts recognized as tortious conduct the intentional interference by one person in the expected inheritance of another.
Mark J. Phillips
Shareholder
Lewitt Hackman
Email: mphillips@lewitthackman.com
Mark is a certified specialist in estate planning, trust & probate law by the State Bar of California.
Only in the last decade have California courts recognized as tortious conduct the intentional interference by one person in the expected inheritance of another. Late to the game, by then more than half of the states had sanctioned such a cause of action. The tort was first incorporated 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 per...
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