Agent’s Failure to Make Gifts Desired by Principal is Basis of Claim for Intentional Interference with an Expected Gift

A father gave his son his power or attorney. Shortly before the father’s death, his son discovered a copy of the father’s notes regarding changes in his will which father had sent to an attorney. One of the notes in the father’s handwriting directed his son to effect the changes in the will whether “legal or not.” The unaltered will was admitted to probate over the caveat of the father’s other two sons. The two sons then brought an action claiming among other grounds for recovery intentional interference with a gift.

The court in Morrison v. Morrison, 663 S.E.2d 714 (Ga. 2008), reversed the lower court’s summary judgment for the agent and held that the tort claim was properly based on the agent’s failure to use his authority prior to father’s death to make the requested gifts.