Tortious Interference with Expectancy of Inheritance

Jared S. Renfroe (2010 J.D. Candidate, University of Tennessee College of Law) recently published his comment entitled Does Tennessee Need Another Tort? The Disappointed Heir in Tennessee and Tortious Interference with Expectancy of Inheritance or Gift, 77 Tenn. L. Rev. 385 (2010). The conclusion is below:

Tennessee should follow the lead of half of the states and adopt the tort of tortious interference with expectancy of inheritance or gift. Current Tennessee law would not be sacrificed because Tennessee could follow the “last recourse” jurisdictions and only allow the cause of action to proceed in cases where there is no adequate probate remedy. This theory would serve to uphold the integrity of the probate system while affording deserving plaintiffs their day in court. Since as early as 1826, Tennessee has recognized that “[t]he maxim of the law is, that there is no wrong without a remedy.” However, this maxim does not hold entirely true with the present state of Tennessee law because there are many disappointed heirs who have no adequate avenue of redress. If Tennessee continues to neglect to recognize the cause of action, it is “giv[ing] unnecessary protection to malice” and –invit[ing] the courts to close their eyes to cause and effect and to a large segment of the realities of human affairs.'” Tennessee should take heed of the following words, found in Prosser and Keeton on the Law of Torts:

It has been said that “in a civilized community which recognizes the right of private property among its institutions, the notion is intolerable that a man should be protected by the law in the enjoyment of property once it is acquired, but left unprotected by the law in his effort to acquire it;” and that since a large part of what is most valuable in modern life depends upon “probable expectancies,” as social and industrial life becomes more complex the courts must do more to discover, define and protect them from undue interference.

Although Tennessee has yet to recognize a cause of action for tortious interference with expectancy of inheritance or gift, Tennessee attorneys, especially those practicing estate planning, should educate themselves on the tort because it is likely that Tennessee courts will eventually recognize it as a valid cause of action. Hopefully for deserving plaintiffs it is sooner rather than later.