No Comeback to Hurtful Words by the Dead

The practice of scorned testators getting in the last word in disputes through their will has a rich history, is sometimes humorous, and often spiteful. In 1908 Garvey White left 50 cents to his son-in-law and directed that the purpose of the gift was to “enable him to buy for himself a good stout rope with which to hang himself, and thus rid mankind of one of the most infamous scoundrels that ever roamed this broad land or dwelt outside of a penitentiary.”

In response to the beyond the grave jabs, targets of the comments have sought remedies from courts  to either have the will redacted to save their reputation or to recover money from the estates of the angry decedents. However, few attempts at bringing a testamentary libel claim have succeeded. Currently the only states with un-overturned cases that have recognized the tort are Tennessee and New York, and the case law is 70 to 100 years old. The odds favor the dead for who gets the last word.

See David Kluft, Defamation From Beyond the Grave: Using Your Last Will to Get in the Last Word, Trademark and Copyright Blog, Oct. 27, 2014.

Special thanks to Charles A Irvin for bringing this article to my attention.