Case Law Update: Intentional Interference with Inheritance Rights

Statute of limitations period begins when the testator dies. 

Oregon recognized the tort of intentional interference with an inheritance in Allen v. Hall, 974 P.2d 199 (Or. 1999).  In Butcher v. McClain, 244 Or. App. 316 (2011), the Oregon intermediate appellate court answered a question not addressed in Allen, holding that a claim based on interference resulting in the execution of a will disinheriting the plaintiffs accrues for purposes of the statute of limitations when the testator dies rather than when the will is executed.

Special thanks to William P. LaPiana (Rita and Joseph Solomon Professor of Wills, Trusts,and Estates, New York Law School) for sending me this case law update.