Wrongful Interference with Testamentary Expectancy -
[1]
Elements and Case Citations
(1) Plaintiff had an expectancy to be a beneficiary
of and receive property from a testator’s estate;
(2) Defendant intentional interfered with the
expectancy through tortious conduct, including duress, fraud or undue influence;
(3) Defendant’s actions caused Plaintiff to suffer damage; and
(4) Plaintiff suffered damage.
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Florida State Courts
Supreme Court: DeWitt v. Duce, 408 So. 2d 216, 218 n.3 (Fla. 1981)
Second District: Whalen v. Prosser, 719 So. 2d 2, 5 (Fla. 2d DCA 1998)
Third District: Schilling v. Herrera, 952 So. 2d 1231, 1234 (Fla. 3rd DCA 2007)
[2]
Defenses to Claim for Wrongful Interference with
Testamentary Expectancy
(1) Fla. R. Civ. P. 1.110(d) (pleading affirmative defenses), and other
standard defenses. See § 60.
(2) Statute of Limitations: § 95.11, (3)(o), Fla. Stat. (four years).
