Tortious interference refers to those instances where third parties of a contract try to cause intentional harm to the finances of a relationship by intervening in estate planning in Ridgeland. It is generally seen in business relationships. However, wills and trust are also observed to experience tortious interference cases.
In terms of inheritances, people often observe interference by others, which obstructs getting what they deserve. Tortious interference claims are used in such cases.
In cases where disputes or contesting takes place in wills or trusts, the probate court administers the deceased’s estate and decides how the estate will be distributed. After their decision, there is no chance for further challenges.
However, tortious interference claims can be raised regardless of how the probate court decides to administer the estate. If you get information about wrongful conduct in the inheritance after the closure of the will, it is possible to raise a tortious interference claim.
Suppose an individual puts undue pressure on the creator of will, trust, and estate plans to lower your part or completely exclude you from inheriting the deserved share. In that case, this is known as tortious interference with inheritance. You are eligible to file a claim to seek justice.
Proving tortious interference in wills and trusts
It is essential to display the following factors to prove that tortious interference took place while deciding your share in the inheritance.
- You were reasonably expecting to receive a certain amount of inheritance or benefits from the deceased family member.
- A third person caused intentional interference and manipulation in the expected amount of inheritance And led to changes in it by pressurizing the real creator and doing fraud.
- The interference led to losing some of the entirety of inheritance which you reasonably deserved.
- The interference led to damages faced by you and other financial losses.
It is crucial to prove the interference of a third person for ultimately proving the tortious interference and raising a lawsuit. However, people struggle to find efficient proof for stating it.
Punitive damages for tortious interference
Tortious claims in cases of inheritances are dealt with differently as compared to will contests and disputes. However, the person filing the claim is still entitled to seek punitive damages. Punitive damages are additional penalties that are added along with the compensation amount to give punishment to the liable person for setting an example. Punitive damages are awarded in extremely severe cases. General cases only end up with compensatory damages.