Making Sense of Tortious
Interference with Inheritance

Older woman talking to a younger woman discussing legal documents at a table

Making Sense of Tortious
Interference with Inheritance

Actionable claims for tortious interference with inheritance arise when another party’s intentional wrongdoing has weakened or eliminated an heir’s inheritance or a recipient’s inter vivos gift value.

Claimants must show “expectancy,” or rather, they must prove the decedent intended to transfer estate property to them and they would have taken it had the defendant not engaged in the wrongful conduct.

Intentional tort acts associated with interference of inheritance include undue influence, fraud, duress or defamation.

The defendant’s tortious conduct often causes economic harm, meaning if the plaintiff prevails, the courts may award them compensatory remedies; and because the act was also intentional, the claimant may collect punitive damages as well.

Before the courts will hear a tortious interference of inheritance complaint, the plaintiff must have exhausted all attempts to remedy the wrongdoers’ harm in probate proceedings.

If someone has wrongfully harmed your inheritance or inter vivos gifts by engaging in tortious conduct, you must hire the best estate dispute litigator possible to get your property back and punish the wrongdoer financially for interfering with your assets.

Common Questions

Legal Issues Relating to Tortious Interference with Inheritance

A claim that asserts the defendant coerced, pressured or persuaded the decedent into including provisions in a will that he wouldn’t normally have included had the wrongdoer’s influence not been present.
A contention affirming the will or trust in controversy is an untrue reflection of the testator’s intent because the defendant fraudulently deceived the testator into changing the testamentary document.

Experienced Estate Dispute Representation in Iowa

The Smith Law Firm litigates and defends tortious interference with inheritance complaints.

If you have reason to suspect someone has wrongfully harmed your expected inheritance or inter vivos gifts, it’s important that you take action before Iowa’s statute of limitations bars you from pursuing legal remedies.

We can also file your tortious interference action even if probate proceedings have already ended.

We are the go-to estate dispute litigators in Iowa for working out post-probate tortious interference claims.

And don’t forget. “It’s our mission to save you money by resolving your dispute out of court or in mediation.”