Court Refuses To Recognize Tortious Interference With Inheritance In New Jersey

A Federal District Court has ruled that Tortious Interference with an inheritance is not a cause of action in New Jersey. The case concerned three siblings who claimed that the guardian of their mother removed items and money from the estate prior to her passing.

In McDonald v. Copperthwaite, the district court stated that nothing in New Jersey law, beyond discussions in dicta of a few cases, authorizes this tort. As a result, any remedies that are being sought must be done through the probate courts in accordance with established law. However, a suit that is brought using the wrong cause will still be subject to the strict statute of limitations for probate court. There has been no indication if an appeal is in the works.

See Paul W. Norris, Tortious Interference with Inheritance, National Law Review, May 15, 2015.

Special thanks to Jim Hillhouse for bringing this article to my attention.