A tortious form of interference with expectancy is referred to as an unethical act that results in harm to a party or entity. This harm is mostly seen in the form of economic harm that allows for penal and compensatory damages.
What does the court do in this type of tort?
The tortious conduct required to take necessary legal action is directed not at the beneficiary but the testator. This means the beneficiary is indirectly defrauded but the testator is directly influenced under this tort.
The law court has made this action not just to safeguard the immature rights of the beneficiary but also to defend the right of the deceased testator. With this tort, demised testator will be provided with all the rights to freely dispose of the property freely without any sort of improper interference.
What is needed by the plaintiff to establish a claim regarding the tort of intentional Interference (with Expectancy)?
- Decedent has got a set intention to sanction certain specified area of his / her immovable property to the plaintiff
- Under tortious interference, there are high chances that the decedent has committed wrongful acts intentionally
What are the consequences of filing a claim under this tort?
A lawsuit is filed directly against the tortfeasor, who is alleged for his wrongdoings. A conclusion for monetary damages is required to be filed against the defendant on a personal basis. This can be accomplished against all the personal assets owned by him.
The list of financial losses includes disciplinary, compensatory and obligation of a constructive trust on deceitful gifts. To fight against this lawsuit, a plaintiff is also provided with an opportunity to a jury trial.
What is IIEI?
IIEI stands for the “Intentional Interference with the Expectancy of Inheritance”. It occupies the main place in the ways trust and property attorneys who may settle an inheritance dispute.
What are the remedies for a normal tort for interference with expectancy?
As per defamation removal law, normal remedies for tort for interference with expectancy are financial losses. Such type of tort is only permissible in cases when there is no existence of adequate and alternative measure. As wills are involved in these matters, the court has cleared the stand that unless the Plaintiff uses his remedies during probates, or is left with no other adequate and alternative measures in probate, so he is not allowed to protest against an intentional interference case.
In most of the countries, a plaintiff is permissible to bring an act for “tort interference” along with a Will only if he does not have any adequate measure to exercise in probate. As per the court, the claim would only be removed under three circumstances:
- When there was adequate relief available in probate
- Plaintiff has got a good opportunity to get required relief under probate, and
- Plaintiff fails to obtain the much-needed relief
Thus, this tort protects the intent of a testator in place of safeguarding the beneficiary whose interest is completely eliminated or reduced.